r 


COLLECTIONS 


OF  THE 

NEW  JERSEY 


HISTORICAL  SOCIETY. 


VOL.  VII. 


NEWARK,  N.  J. 

PUBLISHED  FOR  THE  SOCIETY, 
By  MARTIN  R.  DENNIS  & CO. 

1872. 


OFFICERS 


OF  THE 

NEW  JERSEY  HISTORICAL  SOCIETY. 

ELECTED  1872. 


RAVAUD  K.  RODGERS,  D D.,  President. 

HENRY  W.  GREEN,  LL.  D.,  1st  Vice  President. 
SAMUEL  M.  HAMILL,  D.  D.,  2d  Vice  President. 
WILLIAM  B.  KINNEY,  3d  Vice  President. 

WILLI  AM  A.  WHITEHEAD,  Corresponding  Secretary. 
DAVID  A.  HAYES,  Recording  Secretary.  ' 

ROBERT  S.  SWORDS,  Treasurer. 

SAMUEL  H.  CONGAR,  Librarian. 


EXECUTIVE  COMMITTEE. 
SAMUEL  H.  PENNINGTON,  M.  D., 
N.  NORRIS  HALSTED, 

JOHN  HALL,  D.  D., 

JOHN  CLEMENT, 

CHARLES  C.  HAVEN, 

PETER  S.  DURYEE, 

SAMUEL  ALLISON, 

THEODORE  F.  RANDOLPH, 
HUGH  H.  BOWNE. 


COMMITTEE  ON  PUBLICATIONS. 
WILLIAM  A.  WHITEHEAD, 
SAMUEL  H.  PENNINGTON,  M.  D., 
JOHN  HALL,  D.  D., 

WILLIAM  B.  KINNEY 
JOSEPH  N.  TUTTLE. 


THE 


CONSTITUTION  AND  GOVERNMENT 

OF  THE 


PROVINCE  AND  STATE  OF 

NE¥  JEESEY, 


WITH 

BIOGRAPHICAL  SKETCHES  OF  THE  GOVERNORS 

FRONJL  1776  TO  1845. 

AND 

REMINISCENCES  OF  THE  BENCH  AND.  BAR, 

DURING  MORE  THAN  HALF  A CENTURY. 


' LUCIUS  Q.  C.  ELMER,  LL.D. 

LATE  ONE  OK  TIIE  JUSTICES  OF  ThIT^UFREME  COURT  OF  NEW  JERSEY. 


NEWARK,  N.  J. 

MARTIN  R.  DENNIS  AND  COMPANY. 
1872. 


Entered  according  to  Act  of  Congress,  in  the  year  1872,  by 
Martin  R.  Dennis  and  Company, 
in  the  Office  of  the  Librarian  of  Congress,  at  Washington. 


RIVERSIDE,  CAMBRIDGE: 
STEREOTYPED  AND  PRINTED  BY 
H.  0.  HOUGHTON  AND  COMPANY. 


00STON  COLLEGE 


PREFACE. 


rpHE  Reminiscences  contained  in  this  volume  were 
commenced  at  the  request  of  the  late  Judge 
Field,  when  president  of  the  New  Jersey  Histor- 
ical Society,  and  portions  of  them  were  read  at 
meetings  of  the  society  in  1870.  Having  thus  com- 
menced, it  was  proposed  that  I should  complete  such 
a history  of  the  judiciary  of  the  State  as  would  make 
a proper  sequel  to  the  “ Provincial  Courts  of  New 
Jersey,”  prepared  by  Mr.  Field,  and  published  by  the 
society  in  1849.  This  I have  undertaken;  and  at  his 
suggestion  I have  written  with  entire  freedom,  and 
have  expressed  without  reserve  my  individual  opin- 
ions respecting  the  men  and  measures  introduced,  so 
as  to  give  to  the  best  of  my  ability  an  authentic  his- 
tory of  the  age  in  which  I have  lived,  so  far  as  that 
history  related  to  the  men  who  have  belonged  to  the 
bench  and  bar  of  New  Jersey.  Any  further  notice 
of  Judge  Field  himself  has  been  rendered  unneces- 
sary by  the  extended  memoir  of  him  written  by  Mr. 
Keasbey,  and  published  by  the  society. 

Having  retired  from  office  and  from  professional 
pursuits,  I have  had  leisure  which  I thought  would 
not  be  wasted  by  endeavoring  to  preserve  for  those 


IV 


PREFACE. 


who  shall  come  after  us  a reliable  account  of  those 
who  have  preceded  us,  and  finished  their  labors  in 
the  same  sphere  of  duty.  With  only  the  exceptions 
of  Governors  Vroom  and  Haines,  who  have  been  in- 
troduced for  the  sake  of  making  complete  biograph- 
ical sketches  of  the  governors  since  the  Revolution, 
who  were  a part  of  the  judiciary  of  the  State,  all  the 
individuals  commemorated  have  passed  away.  All  the 
judges  of  the  state  courts,  who  have  held  office  since 
the  Revolution,  and  who  are  not  still  living,  have  been 
noticed  with  more  or  less  particularity. 

Some  of  the  persons  of  whom  I have  written  held 
opinions  on  the  political  topics  of  the  day  in  the 
main  agreeing  writh  my  own ; while  others  belonged 
to  a different  party,  and  differed  from  me  on  many 
important  subjects.  My  earnest  endeavor  has  been 
to  do  equal  justice  to  all.  With  all  personally  known 
to  me,  my  relations  have  been  altogether  friendly  ; 
and  I have  kept  in  mind  that  while  holding  firmly 
to  my  own  opinions,  those  differing  from  me  were 
equally  entitled  to  adhere  to  theirs,  and  that  it  is 
quite  possible  they  were  right  and  I wTas  wrong.  My 
hardest  task  has  been  to  avoid  mere  eulogy,  and  to 
give,  as  far  as  possible,  a correct  impression  of  the 
true  character  of  each  individual  as  he  appeared  to 
me,  of  course  touching  lightly  on  faults,  of  which  we 
all  have  enough,  and  giving  full  prominence  to  what- 
ever seemed  to  me  commendable. 

For  the  purpose  of  making  more  complete  the  ju- 
dicial history  of  the  State,  I have  introduced  an  ac- 


PREFACE. 


V 


count  of  the  constitution  and  government  of  the  col- 
ony while  it  was  a province  of  Great  Britain,  and  a 
history  of  the  constitution  formed  in  1776.  A care- 
ful study  of  these  histories  will  show  us  that  our 
state  and  our  federal  republics,  on  the  excellence  of 
which  we  so  justly  pride  ourselves,  are  not  mushroom 
growths  which  sprung  up  in  a night,  and  are  there- 
fore liable  to  perish  in  a day,  but  that  they  have 
been  the  slow  and  sure  growths  of  nearly  two  centu- 
ries of  experience,  the  germs  of  which  are  found  in 
the  sound  principles  of  the  common  law  brought 
with  them  by  our  English  forefathers.  The  consti- 
tution of  1776  was  defective,  in  blending  the  duties 
of  the  executive  and  the  judiciary;  but  this  defect 
was  much  relieved,  and  perhaps  quite  remedied,  by 
the  fact  that  while  it  existed  the  governors  were 
necessarily  men  learned  in  the  law,  and  thus  the 
State  commenced  its  independent  career,  and  for 
years  had  the  benefit  of  rulers  having  high  qualifi- 
cations for  the  office. 

I have  also  added,  by  way  of  Appendix,  a short 
account  of  the  Titles  to  Land,  as  held  in  New  Jer- 
sey, originally  prepared  for  Nixon’s  Digest,  which 
I trust  will  be  found  interesting  and  useful,  not 
only  to  lawyers,  but  to  proprietors  generally. 


Bridgeton,  January  1,  1872. 


. 

. 


' 


CONTENTS. 


CHAPTER  I. 

Constitution  and  Government  of  the  Province  of  New 
Jersey 


CHAPTER  II. 

The  State  Constitution  adopted  in  1776,  and  the  Gov- 
ernment under  it 


CHAPTER  HI. 

Governors  during  the  War  for  Independence  : William 
Franklin;  William  Livingston 

CHAPTER  IY. 

Governors  after  the  War  for  Independence  : William 
Paterson;  Richard  Howell 

CHAPTER  Y. 

Governors  I have  known  : Joseph  Bloomfield  ; Aaron 
Ogden  

CHAPTER  VI. 

Governors  I have  known  : William  S.  Pennington  ; 
Mahlon  Dickerson;  Isaac  H.  Williamson;  Peter  D. 
Vroom 

CHAPTER  VII. 

Governors  I have  known  : Samuel  L.  Southard  ; Elias 
P.  Seeley 


CHAPTER  YIII. 

Governors  I have  known  : William  Pennington  ; Phile- 
mon Dickerson;  Daniel  Haines 


PAQU 

1 

21 

50 

77 

114 

158 

201 

237 


viii  CONTENTS. 

CHAPTER  IX. 

Judges  during  and  soon  after  the  Revolution:  Samuel 
Tucker;  Robert  Morris;  David  Brearly;  James  Kin- 
sey; Isaac  Smith;  John  Cleves  Symmes;  John  Chet- 
wood;  Elisha  Boudinot 

CHAPTER  X. 

Judges  I have  known:  Bushrod  Washington;  William 
Griffith 


CHAPTER  XI. 

Judges  I have  known:  Andrew  Kirkpatrick;  William 
Rossell  ; Gabriel  H.  Ford  ; George  K.  Drake  ; 
Thomas  C.  Ryerson  . 

CHAPTER  XII. 

Judges  I have  known:  Charles  Ewing;  John  Moore 
White  ; Daniel  Elmer  ; James  S.  Nevius  ; Ira  C. 
Whitehead;  Elias  B.  D.  Ogden;  Stacy  G.  Potts 

CHAPTER  XIII. 

Judges  I have  known:  Joseph  C.  Hornblower;  William 
L.  Dayton;  Edward  W.  Whelpley ; George  H.  Brown 

CHAPTER  XIV. 

Lawyers  I have  known:  Samuel  Leake;  James  Giles; 

Richard  Stockton  ; Lucius  H.  Stockton  ; George 
Wood;  Garret  D.  Wall;  William  W.  Miller;  Jacob 
W.  Miller 

CHAPTER  XV. 

Lawyers  I have  known  : Theodore  Frelinghuysen  ; 
John  Rutiierfurd  ; William  Chetwood  ; John  J. 
Ciietwood  ; Aaron  O.  Dayton;  William  N.  Jeffers; 
Alphonso  L.  Eakin  ; Josiah  Harrison;  Francis  L. 
Maccullocii  ; Richard  P.  Thompson  ; Asa  White- 
head;  Joseph  W.  Scott 

APPENDIX.  — Titles  to  Land 


PAG! 

264 

281 

301 

326 

361 

403 


440 

481 


V, 


PUBLICATION'S 


OF  THE 

NEW  JERSEY  HISTORICAL  SOCIETY. 

For  Sale  by  Martin  R.  Dennis  & Co.,  Newark,  N.  J. 


“COLLECTIONS,  YOL.  I.,”  containing  “East  Jersey  under  the  Provincial 
Governments ; a Narrative  of  Events  connected  with  the  Settlement  and 
Progress  of  the  Province,  until  the  Surrender  of  the  Government  to  the 
Crown  in  1702.  Drawn  principally  from  Original  Sources  : by  William 
A.  Whitehead.  With  an  Appendix,  containing  a Model  of  the  Govern- 
ment of  East  New  Jersey,  by  George  Scot,  of  Pitlochie,  now  first  reprinted 
from  the  original  edition  of  1685.”  8vo,  pp.  342 — xv.,  with  Maps  and 
Plates  (Out  of  print.) 

“ COLLECTIONS,  YOL.  II.,”  containing  “ The  Life  of  William  Alexanaer, 
Earl  of  Stirling,  Major-general  in  the  Army  of  the  United  States  during 
the  Revolution  : with  Selections  from  his  Correspondence,  by  his  Grandson, 
William  Alexander  Duer,  LL.  D.”  8vo,  pp.  284,  with  Portrait  and 
Maps.  $1. 


“ COLLECTIONS,  YOL.  III.,”  containing  “ The  Provincial  Courts  of  New 
Jersey,  with  Sketches  of  the  Bench  and  Bar  : by  Richard  S.  Field.” 
8vo,  pp.  324.  $1.50. 

“ COLLECTIONS,  VOL.  IV.,”  containing  the  Papers  of  Lewis  Morris,  Gov- 
ernor of  the  Province  of  New  Jersey  from  1738  to  1746.  With  Portrait. 
8vo,  pp.  336 — xxx.  $2. 

“COLLECTIONS,  VOL.  V.,”  containing  “An  Analytical  Index  to  the 
Colonial  Documents  of  New  Jersey,  in  the  State  Paper  Offices  of  England, 
compiled  by  Henry  Stevens.  Edited,  with  Notes  and  References  to 
printed  works  and  manuscripts  in  other  depositories,  by  William  A. 
Whitehead.”  8vo,  pp.  504 — xxx.  $2.50. 

“ COLLECTIONS,  VOL.  VI.,”  containing  “ Records  of  the  Town  of  Newark, 
New  Jersey,  from  its  Settlement  in  1666,  to  its  Incorporation  as  a City  in 
1836  — with  Maps.”  8vo,  pp.  294 — x.  $2. 

And  Supplement  thereto,  containing  “ Proceedings  Commemorative  of 
the  Settlement  of  Newark,  New  Jersey,  on  its  Two  Hundredth  Anniver- 


9 


sary,  May  17,  1866,”  comprising:  I.  Historical  Memoir,  by  William 
A.  Whitehead;  II.  Lyrical  Poem,  by  Thomas  Ward,  M.  I). ; III.  Ora- 
tion, by  William  B.  Kinney ; IV.  Genealogical  Notes  of  the  Settlers,  by 
Samuel  H.  Congar ; V.  Notes.  8vo,  pp.  182.  $1.50. 

The  Volumes  of  “ Collections  ” are  bound  and  lettered  as  distinct  works, 
as  well  as  in  sets. 


“PROCEEDINGS  OF  THE  SOCIETY.” 

In  Paper  Covers. 

VOL.  I.  contains  — Proceedings  of  Meetings  at  Trenton  to  organize  the  Soci- 
ety, February,  1845.  Proceedings  at  Newark,  May  7,  1845. — Discourse 
by  Charles  King,  Esq.  Proceedings  at  Trenton,  September  4,  1845. — 
Journal  of  Capt.  John  Schuyler,  on  an  Expedition  to  Canada,  in  August, 
1690.  — Three  Letters  from  Rev.  Samuel  Davies,  President  of  Princeton 
College,  1759-60.  — Address  by  Rev.  Samuel  Miller,  D.  D.  Proceedings 
at  New  Brunswick,  November  6,  1845.  — Three  Letters  from  Governor 
Franklin  to  his  Father,  June  and  October,  1767,  and  May,  1759.  — Letter 
from  William  Strahan,  London,  1766.  Proceedings  at  Trenton,  January 
15,  1846.  — Letter  from  Lord  Cornbury  to  the  Inhabitants  of  Bergen,  1706. 
Proceedings  at  Burlington,  May  7,  1846.  — Letter  from  William  Dockwra, 
Proprietaries’  Register,  to  Governor  Andrew  Hamilton,  April  1,  1693. — 
An  Account  of  a Journey  in  the  Southern  States  in  1781,  by  Abel  Thomas. 
— An  Account  of  the  Capture  and  Death  of  the  Refugee  John  Bacon,  by 
George  F.  Fort,  M.  D.  — Extracts  from  a Paper  on  the  Discovery  and 
Settlement  of  Monmouth  County,  by  Rev.  A.  A.  Marcellus.  Proceedings 
at  Salem,  September  3,  1846.  — Corrections  of  Errors  in  Mr.  King’s 
Discourse.  — Exports  of  Salem  County.  — Criminal  Statistics  of  Essex 
County.  — Proceedings  of  the  Committees  of  Freehold  and  Shrewsbury  on 
the  opening  of  the  Revolution.  — Index.  $1 .50. 

VOL.  II.  contains  — Proceedings  of  Society  at  Elizabethtown,  November  5, 
1846.  — Proceedings  of  the  Government  of  New  York,  December,  1675,  to 
December,  1678,  in  Relation  to  the  Settlement  and  Jurisdiction  of  Major 
John  Fenwick  in  West  Jersey.  — Journal  of  Lieut.  William  Barton,  during 
Sullivan’s  Expedition  against  the  Indians,  in  1779. — Extracts  from 
Journal  of  Dr.  Ebenezer  Elmer,  during  the  same  Expedition.  Proceedings 
at  Trenton,  January  1,  1847. — Second  Annual  Address,  by  Hon.  Joseph 
C.  Hornblower,  LL.  D.,  President  of  the  Society.  Proceedings  at  Newark, 
May  27,  1847.  — Diary  of  Events  in  Charleston,  S.  C.,  from  March  20  to 
April  20,  1780,  during  the  Siege  by  the  British:  by  Samuel  Baldwin. 
Proceedings  at  New  Brunswick,  June  25,  1847. — Journal  of  an  Expedi- 
tion to  Canada,  in  1776,  by  Lieut.  Ebenezer  Elmer,  of  the  New  Jersey 
Forces.  Proceedings  at  Freehold,  September  16,  1847. — Letter  from 
Richard  Stockton  to  Robert  Ogden,  about  Public  Affairs,  1765.  — Index. 
$1.50- 


3 


YOL.  III.  contains  — Proceedings  of  the  Society  at  Trenton,  January  20,  1848. 
— Letter  from  James  Logan  to  Colonel  Cox,  June,  1719,  relative  to  the 
Dividing  Line  of  East  and  West  Jersey.  — Journal  of  Lieut.  Ebenezer 
Elmer  (continued  from  Vol.  II.).  Proceedings  at  Newark,  May  25,  1848. 
— Letter  from  David  Ogden,  February  20,  1767,  to  the  Claimants  under 
Indian  Purchases.  — Memoir  of  Rev.  James  Caldwell,  by  Rev.  Nicholas 
Murray,  I).  D.  — Extract  from  a Diary  of  Mr.  Jacob  Spicer,  1757.  — A 
Brief  Account  of  the  Swedish  Mission  in  Racoon  and  Penn’s  Neck:  by 
Rev.  Nicholas  Collin,  D.  D.  Pi'oceedings  at  Princeton,  September  27, 
1848.  — A Biographical  Sketch  of  Governor  William  Franklin:  by  Wil- 
liam A.  Whitehead.  Proceedings  at  Trenton,  January  18,  1849.  — Letter 
from  Governor  Franklin  to  his  Father,  December  24,  1774.  — Journal  of 
Major  William  Gould  during  an  Expedition  into  Pennsylvania,  1794. — 
Index.  $1.50. 

VOL.  IV.  contains  — Proceedings  of  Meeting  at  Newark,  May  17,  1849. — 
Memoir  of  Governor  Lewis  Morris,  by  Rev.  Robert  Davidson,  D.  D.  — 
Census  of  Northampton,  Burlington  County,  1709.  — List  of  Judges, 
Clerks,  Sheriffs,  Surrogates,  and  Attorneys  of  Salem  County,  from  the 
Settlement.  — Memoir  of  John  Fenwick,  Chief  Proprietor  of  Salem  Tenth, 
by  Robert  G.  Johnson.  — Letters  from  William  Strahan  to  David  Hall, 
describing  the  Trial  of  John  Wilkes.  Proceedings  of  Meeting  at  Freehold, 
September,  1849.  — State  of  Religion  in  the  Provinces  of  East  and  West 
Jersey  in  1700.  — The  Battle  of  Monmouth  Court  House,  by  Charles 
King,  Esq. — Letters  from  William  Peartree  Smith,  to  Elias  Boudinot. 
Proceedings  of  Meeting  at  Trenton,  January  17,  1850.  — Letter  from  Rev. 
Uzal  Ogden,  Missionary  to  Sussex  County,  1771.  — Lease  for  a Year  from 
Dame  Elizabeth  Carteret,  to  the  Twelve  Proprietors,  for  East  Jersey.  — 
The  Aborigines  of  New  Jersey,  by  Archer  Gifford,  Esq.  — Index.  $1.50. 

VOL.  V.  contains  — Proceedings  of  Meeting  at  Newark,  May  16,  1850. — 
Letter  of  Major-general  Baron  Steuben  to  Officers  of  the  New  Jersey  Line, 
July  19,  1793. — Tables  of  the  Sittings  of  the  Provincial  Assemblies,  and 
Names  of  Members.  — Orders  of  Generals  Schuyler  and  Sullivan  to  Colo- 
nel Jonathan  Dayton,  1776.  Proceedings  of  Meeting  at  Morristown, 
September  12,  1850.  — The  Robbery  of  the  Treasury,  in  1768  : by  W.  A. 
Whitehead.  — The  Hollanders  in  New  Jersey  : by  Rev.  Abraham  Messier, 
D.  D.  Proceedings  of  Meeting  at  Trenton,  January  23,  1851.  — The 
American  Union,  and  the  Perils  to  which  it  has  been  exposed  : by  J.  P. 
Bradley,  Esq.  — Letters  of  Joseph  Sherwood,  Provincial  Agent.  Proceed- 
ings of  Meeting  at  Newark,  May  15,  1851.  — Letter  from  Major  F.  Barber, 
1776.  — Letter  from  Joseph  Shippen,  Jun.,  1752.  — Selections  from  Corre- 
spondence of  William  Alexander,  Earl  of  Stirling.  — Index.  $1.50. 

VOL.  VI.  contains — Proceedings  of  Meeting  at  Somerville,  September  11, 
1851.  — Letter  from  Robert  Morris,  1781.  — Journal  of  Andrew  Bell,  Sec- 
retary of  General  Clinton,  kept  during  the  March  of  the  British  Army 
through  New  Jersey,  in  1778.  — Inquiry  into  the  Location  of  Mount  Ploy- 
den  : by  Rev.  George  C.  Schanck.  — Review  of  the  Trial  of  the  Rev.  Wil- 
liam Tennent,  1742:  by  Richard  S.  Field.  — Selections  from  Correspond- 


4 


encc  of  William  Alexander,  Earl  of  Stirling,  in  1755.  Proceedings  of 
Meeting  at  Trenton,  January  15,  1852.  Selections  from  Correspondence 
of  William  Alexander,  Earl  of  Stirling,  in  1755.  Proceedings  of  Meeting 
at  Newark,  May  20,  1852.  — The  Uses  and  Benefits  of  Historical  Socie- 
ties : by  Hon.  Theodore  Frelinghuysen,  LL.  D.  — Selections  from  Corre- 
spondence of  William  Alexander,  Earl  of  Stirling,  in  1755.  Proceedings 
of  Meeting  at  New  Brunswick,  September  8,  1852.  — Description  of  the 
Site  of  Fort  Nassau  on  the  Delaware:  by  Edward  Armstrong. — The 
Pennsylvania  Insurrection  of  1794:  by  Rev.  James  Carnahan,  D.  D. 
Proceedings  of  Meeting  at  Trenton,  January  15,  1853. — Report  of  Cor- 
responding Secretary  on  the  Belcher  Papers.  — Report  of  Committee  au- 
thorized to  examine  supposed  Site  of  Fort  Nassau.  — The  Discovery  of  the 
Northmen  : by  Charles  C.  Rafn,  Secretary  of  the  Society  of  Northern 
Antiquaries.  — The  History  and  Location  of  Fort  Nassau  on  the  Delaware  : 
by  Edward  Armstrong.  — Index.  $1.50. 

VOL.  VII.  contains  — Proceedings  at  Newark,  May  19,  1853.  — Letter  from 
“ Pienvim,  ye  Sachem  of  Pau,”  relative  to  “ Cooks  of  Dozens  ” in  Collec- 
tions, Vol.  I.  — Biographical  Sketch  of  General  William  Winds  : by  Rev. 
Joseph  F.  Tuttle.  — Selections  from  Correspondence  of  William  Alexan- 
der, Earl  of  Stirling,  Major-general  during  the  Revolution.  Proceedings 
of  Meeting  at  Trenton,  January  19,  1854. — Proceedings  on  Announce- 
ment of  Death  of  Hon.  James  G.  King.  — “The  Iron  State,  its  Natural 
Position,  Power,  and  Wealth;”  an  Address  by  Hon.  Jacob  W.  Miller. 
Proceedings  of  Meeting  at  Newark,  May  18,  1854.  — Diary  of  Joseph  Clark, 
attached  to  the  Continental  Army,  from  May,  1778,  to  November,  1779. 
Proceedings  of  Meeting  at  Trenton,  January  18,  1855.  — Letter  from  Rev. 
Dr.  Hopkins  to  Rev.  Dr.  Bellamy,  July  20,  1758.  Proceedings  of  Meeting 
at  Newark,  May  17,  1855. — Index.  $1.50. 

VOL.  VIII.  contains  — Proceedings  of  Meeting  at  Trenton,  January  17,  1856. 
— Drawings  and  Papers  of  Robert  Fulton  in  the  possession  of  the  Society. 
— Account  of  the  Establishment  at  Morristown  of  the  fi  rst  Academy,  Li- 
brary, and  Printing  Press.  Proceedings  of  Meeting  at  Newark,  May  15, 
1856.  — Supplement  to  the  Act  of  Incorporation.  Proceedings  of  Meeting 
at  Jersey  City,  September  25,  1856.  — Extracts  from  Manusmpts  of  Sam- 
uel Smith.  Proceedings  of  Meeting  at  Trenton,  January  15,  1857.  Pro- 
ceedings of  Meeting  at  Newark,  May  21,  1857.  — Field  and  Staff  Officers 
New  Jersey  Regiments  in  Revolution. — Appointment  of  Nathaniel  Jones 
as  Chief  Justice  in  1759  : by  W.  A.  Whitehead.  — Journal  of  Capt.  David 
Ford,  during  the  Expedition  into  Pennsylvania  in  1794.  Proceedings  of 
Meeting  at  Trenton,  January  21,  1858.  — Proposals  of  Colonel  Mawhood 
to  the  Militia  of  Salem  County  in  1778,  and  Answer  of  Colonel  Hand. — 
Female  Suffrage  in  New  Jersey  : by  W.  A.  Whitehead.  — Brief  History  of 
the  Boundary  Disputes  between  New  York  and  New  Jersey  : by  Hon. 
James  Parker.  — Staten  Island  part  of  New  Jersey.  Proceedings  of  Meet- 
ing at  Newark,  May  20,  1858.  — Extract  from  Journal  of  Lieut.  Isaac 
Bangs.  Proceedings  of  Meeting  at  Trenton,  January  20,  1859.  Proceed- 
ings of  Meeting  at  Newark,  May  19,  1859. — The  Circumstances  leading 
to  the  Establishment  in  1769  of  the  Northern  Boundary  Line  between 
New  Jersey  and  New  York : by  W.  A.  Whitehead.  — Index.  $1.50. 


5 


VOL.  IX.  contains — Proceedings  at  Trenton,  January  19,  1860.  — Extract 
from  the  MSS.  of  Samuel  Smith.  — Marriages  of  Friends  in  Philadelphia, 
1682-1714.  Proceedings  at  Newark,  May  17,  1860.  — Origin  of  the  name 
“ Pavonia,”  by  Solomon  Alofsen.  — Memoir  of  Samuel  G.  Smith  : by  John 
Jay  Smith.  — Project  for  raising  Money  in  1716,  by  William  Pinhorne. 
Proceedings  at  Trenton,  January  17,  1861. — Extracts  from  the  Minutes 
of  New  Jersey  Supreme  Court,  1765.  — Battles  of  Trenton  and  Princeton  : 
by  C.  C.  Havem  Proceedings  at  Trenton,  January  16, 1862.  — Announce- 
ment of  Deaths  of  Rev.  Dr.  Murray  and  John  P.  Jackson,  Esq.  — Memo- 
randa relating  to  Dr.  Franklin’s  Administration  of  the  Colonial  Post 
Office.  — Memoir  of  Mrs.  Abigail  Stafford  and  her  Times.  — Proprietors' 
Order  respecting  “ Perth  Towne,”  1683.  — Affairs  of  New  York  and  New 
Jersey  under  the  Joint  Governors:  by  Cadwallader  Colden. — Letter  to 
Governor  Franklin  from  Hon.  H.  S.  Conway,  Under  Secretary  of  State, 
1765.  Proceedings  at  Newark,  May  15,  1862.  — Steamboat  Controversy 
between  New  York  and  New  Jersey,  1811  to  1824:  by  John  D.  Ward. 
Proceedings  at  Trenton,  January  15,  1863.  — Scandinavian  Settlements 
in  New  Jersey.  Proceedings  at  Newark,  May  21,  1863.  Proceedings  at 
Trenton,  January  21,  1864. — Papers  of  General  Elias  Dayton.  Proceed- 
ings at  Newark,  May  19,  1864.  — Index.  $1.50. 

VOL.  X.  contains  — Proceedings  at  Trenton,  January  19,  1865.  — Address  on 
the  Life  and  Character  of  the  Hon.  Joseph  C.  Hornblower,  LL.  D. : by  the 
Hon.  Richard  S.  Field.  Proceedings  at  Newark,  May  18,  1865. — Sketch 
of  the  McWhorter  Family  in  New  Jersey,  by  George  C.  McWhorter.  — 
Proceedings  at  Trenton,  January  18,  1866. — Description  of  an  Ancient 
Brass  Tobacco  Box,  by  S.  Alofsen.  — Instructions  of  Freeholders  of  Hun- 
terdon to  the  Representatives  of  the  County,  1771.  — Papers  on  the  East- 
ern Boundary  of  New  Jersey : by  W.  A.  Whitehead.  Proceedings  at  New- 
ark, May  17,  1866.  — Communication  from  Asher  Taylor  on  the  derivation 
of  “ Neversink.”  — Letter  to  Dr.  Benjamin  Franklin  from  the  House  of 
Assembly  of  New  Jersey,  December  7,  1769.  — Account  of  the  Portrait  of 
Aaron  Burr  in  the  Possession  of  the  Society  : by  David  A.  Hayes.  — Objec- 
tions of  New  Jersey  to  the  Articles  of  Confederation  submitted  to  Congress, 
June  23,  1778. — Report  of  the  Commissioners  of  the  States  at  Annapolis, 
September  14,  1786,  relative  to  the  adoption  of  a better  System  of  Govern- 
ment for  the  States.  — Act  of  Incorporation  of  the  Society.  — Members  of 
the  Society,  December,  1866.  — Index.  $1.75. 

NEW  SERIES  — VOL.  I.  contains  — Proceedings  at  Trenton,  January  17, 
1867.  Proceedings  at  Newark,  May  16,  1867.  — Pedigree  of  Governor 
Carteret.  — Staten  Island  and  the  New  Jersey  Boundary.  — Regimental 
Returns,  Haddonfield,  Bordentown,  Morristown,  December,  1776,  and 
January,  1777.  — Letter  from  David  Ogden  to  Philip  Kearney,  January 
14,  1766.  Proceedings  at  Trenton,  January  16,  1868.  Proceedings  at  • 
Newark,  May  22,  1868.  — Inscriptions  on  Tombstones  near  Freehold. — 
Letter  from  Quartermaster-general  Greene  to  Col.  James  Abeel,  June  4, 
1779.  — Letter  from  Gen.  Washington  to  Dr.  Franklin. — Notes  on  the 
State  of  New  Jersey,  1786:  by  John  Rutherfurd.  — Letter  from  Wm.  S. 
Livingston  to  Col.  Burr,  July  10,  1782.  — Officers  of  Col.  Peter  Schuyler's 


6 


Regiment,  1759.  Proceedings  at  Trenton,  January  21,  1869. — Letter 
from  Gen.  Washington  to  Rev.  Samuel  Haven,  March  10,  1787.  — Inscrip- 
tions on  Tombstones  at  Ringwood,  N.  J.  — Grant  from  Berkeley  and  Car- 
teret to  the  People  of  Woodbridge  and  Samuel  Moore,  December  7,  1672. 
— Address  on  the  Life  and  Character  of  Hon.  James  Parker : by  the  Hon. 
R.  S.  Field.  Proceedings  at  Newark,  May  20,  1869.  — Review  of  some  of 
the  Circumstances  connected  with  the  Settlement  of  Elizabeth,  N.  J. : by 
W.  A.  Whitehead.  — Commercial  Prospects  in  New  Jersey  during  the 
Confederation:  by  John  Rutherfurd.  — Index.  $1.75. 

NEW  SERIES — YOL.  II.  contains  — Proceedings  at  Trenton,  January  20, 
1870.  — Early  History  of  Morris  County  : by  Rev.  Joseph  F.  Tuttle,  D.  D. 
Proceedings  at  Newark,  May  19,  1870.  — Sketch  of  Rev.  Barnabas  King, 
D.  D. : by  Rev.  Joseph  F.  Tuttle,  D.  D.  — Obituary  Notice  of  Rev.  David 
V.  McLean,  D.  D.  — Sketch  of  Life  of  Andrew  Kirkpatrick,  Chief  Justice 
of  New  Jersey,  1803  to  1824  : by  James  Grant  Wilson.  Proceedings  at 
Trenton,  January  19,  1871. — Memoir  of  Hon.  Richard  S.  Field:  by  An- 
thony J.  Keasbey  — History  of  the  First  Constitution  of  New  Jersey,  and 
of  the  Government  under  it:  by  Hon.  Lewis  Q.  C.  Elmer.  Proceedings 
at  Newark,  May  18,  1871.  Proceedings  at  Trenton,  January  18,  1872. — 
Memoir  of  John  Rutherfurd,  late  President  of  the  Society : by  Robert  S. 
Swords.  — History  of  the  Circumstances  attending  the  Election  of  Will- 
iam Pennington  of  New  Jersey,  as  Speaker  of  36th  Congress : by  Hon, 
John  S.  Nixon.  — Index,  $1.75. 


CHAPTER  I. 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE  OF 
NEW  JERSEY. 

HE  government  of  New  Jersey  was  first  estab- 


lished by  the  proprietors,  who  claimed  to  derive 
the  right  from  the  grant  of  the  Duke  of  York.  Berke- 
ley and  Carteret,  his  grantees,  framed,  or  had  framed 
for  them,  in  England,  a constitution,  which  was  en- 
grossed on  a parchment  roll  and  signed  by  them, 
February  10,  1661,  under  the  title  of  “ The  Con- 
cession and  Agreement  of  the  Lords  Proprietors  of  the 
Province  of  New  Caesaria  or  New  Jersey,  to  and  with 
all  and  every  the  Adventurers,  and  all  such  as  shall 
settle  or  plant  there”  It  is  contained  in  “ Learning 
and  Spicer’s  Grants  and  Concessions,”  page  12,  printed 
by  virtue  of  an  act  of  the  legislature,  in  1758,  at  Phil- 
adelphia, by  W.  Bradford,  printer  to  the  King’s  most 
excellent  Majesty,  for  the  Province  of  New  Jersey. 

Under  these  concessions,  which  were  republican  in 
their  character,  a government  was  commenced,  and 
with  some  interruption,  occasioned  by  the  Dutch 
conquest  and  other  causes,  continued  until  the  par- 
tition into  East  and  West  Jersey,  by  means  of  the 
Quintipartite  deed  in  1676.  After  this,  the  govern- 
ment of  the  two  provinces  was  distinct,  until  the  sur- 
render to  Queen  Anne  in  1702. 


i 


2 


REMINISCENCES  OF  NEW  JERSEY. 


In  1682,  Robert  Barclay  was  appointed  Governor 
for  life  by  the  proprietors  of  East  Jersey,  and  exe- 
cuted the  office  by  a deputy,  who  convened  an  assem- 
bly elected  by  the  people.  Counties  were  established, 
and  a high  sheriff  appointed  for  each,  and  courts  were 
organized.  No  other  assembly  appears  to  have  sat 
until  1686.  In  1688,  it  sat  again.  From  1692  to  1695 
assemblies  convened  yearly,  and  afterwards  at  irreg- 
ular intervals.  Much  doubt  existed  as  to  the  legal- 
ity of  this  proprietary  government,  and  difficulty  was 
experienced  in  carrying  it  on,  much  aggravated  by 
disputes  about  Indian  grants  and  the  quitrents  re- 
served by  the  proprietors.  Proceedings  were  com- 
menced in  the  court  of  king’s  bench  in  England,  to 
deprive  the  proprietary  officers  of  their  places,  by 
means  of  a writ  of  quo  warranto , and  this  led  to  the  sur- 
render of  the  government  to  the  crown,  the  proprie- 
tors retaining  their  exclusive  right  to  dispose  of  the 
soil. 

West  Jersey  was  governed  according  to  the  provis- 
ions of  “ The  concessions  and  agreements  of  the  pro- 
prietors, freeholders,  and  inhabitants  of  the  Province 
of  West  New  Jersey  in  America,”  dated  March  3, 
1676,  and  signed  by  William  Penn,  and  one  hundred 
and  forty-eight  others,  the  original  of  which,  beauti- 
fully engrossed  on  vellum  in  a well-bound  quarto,  is 
preserved  in  the  land-office  at  Burlington.1  Some  of 
the  governors  were  appointed  by  the  proprietors,  and 
others  by  the  legislature  ; which  latter  body  appears 
to  have  appointed  all  the  other  officers  necessary 
to  carry  on  the  government.  Difficulties,  however, 
arose,  and  the  proprietors  joined  with  those  of  East 
Jersey,  in  the  surrender. 

1 See  Learn,  and  Spic.  382. 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE.  3 


The  laws  enacted  by  these  two  governments  do  not 
appear  to  have  been  printed,  until  such  of  them  as 
were  extant  were  collected  by  Learning  and  Spicer. 
They  were  sent  in  manuscript  to  the  counties  and 
read  at  public  assemblies  of  the  people.  The  minutes 
of  the  county  court  of  Cape  May  for  1694,  contain 
this  entry  : “ We,  the  grand  jury,  see  cause  to  pre- 
sent George  Taylor  (he  was  the  Clerk),  for  publishing 
a false  copy  of  the  act  of  Assembly,  on  a court  day  in 
December,  1693.”  He  pleaded  not  guilty,  and  was 
tried.  Some  witnesses  swore  that  he  read  the  laws 
differently  at  two  courts,  and  that  when  he  first  read 
them  “ they  was  not  interlined.”  “ Jeremiah  Basse, 
President  of  the  Court,  asserteth  them  to  be  the  same 
laws  and  written  by  the  same  hand ; the  rest  of  the 
Justices  say  it  is  like  the  same  hand,  and  they  believe 
it  to  be  the  same  hand.”  The  jury  found  him  not 
guilty,  and  he  was  cleared  by  proclamation.  None 
of  these  laws  are  now  in  force,  although  several  of 
them,  slightly  modified,  are  still  on  the  statute  book 
as  substantially  reenacted  after  the  surrender,  and 
the  influence  of  the  correct  principles  contained  in 
the  Concessions  still  continues,  and  it  is  hoped  will 
never  be  lost. 

Upon  the  assumption  of  the  government  by  the 
Queen  of  England,  in  1702,  a governor  of  the  Prov- 
ince of  “ Nova  Csesaria  or  New  Jersey,”  was  ap- 
pointed and  commissioned  under  the  great  seal  of 
Great  Britain,  to  hold  his  office  during  the  pleasure 
of  the  sovereign,  and  continued  to  be  so  appointed 
and  commissioned  until  the  Revolution.  The  commis- 
sion and  the  instructions  accompanying  it,  drawn 
with  great  care  and  ability  by  the  law  officers  of  the 
crown,  contain  the  constitution  under  which  the  gov- 


4 


REMINISCENCES  OF  NEW  JERSEY. 


ernment  of  the  province  was  administered,  with  but 
little  variation,  until  the  adoption  of  the  new  consti- 
tution in  1776.  They,  in  fact,  introduced  the  main 
features  of  the  British  Constitution,  as  improved  by 
the  Revolution  of  1688,  with  a still  larger  infusion 
of  the  republican  element,  suited  to  a people  already 
accustomed  to  self-government. 

The  executive  power  was  confided  to  the  governor 
with  the  advice  of  twelve  counselors,  appointed  orig- 
inally, and  occasionally  afterward,  by  the  crown,  but 
more  commonly  by  the  governor  himself,  six  of  whom 
were  residents  of  East,  and  six  of  West  Jersey,  five 
constituting  a quorum.  The  title  adopted  by  the 
governors,  with  unimportant  variations,  was  “Cap- 
tain-General and  Governor-in-chief,  in  and  over  the 
Province  of  Nova  Caesaria  or  New  Jersey  and  ter- 
ritories thereon  depending  in  America,  Chancellor 
and  Vice-Admiral  in  the  same.” 

The  legislative  power  was  vested  in  the  governor, 
the  council,  and  a General  Assembly.  The  Assembly 
was  convened,  adjourned,  and  dissolved  at  the  pleas- 
ure of  the  governor  and  council,  and  elected  by  vir- 
tue of  writs  under  the  great  seal  of  the  colony ; two 
by  the  inhabitants  and  householders  of  the  town  of 
Perth  Amboy,  and  ten  by  the  freeholders  of  East  Jer- 
sey ; two  by  the  inhabitants  and  householders  of  the 
town  of  Burlington,  and  ten  by  the  freeholders  of 
West  Jersey.  The  governor  usually  sat  with  the 
council,  but  no  law  could  be  passed  without  his 
assent,  the  style  used  being,  “Be  it  enacted  by  the 
Governor,  Council,  and  General  Assembly.”  In  1709, 
they  passed  an  act  reciting  that  the  present  constitu- 
tion granted  by  the  Queen,  was  found  inconvenient, 
and  to  remedy  the  same,  enacting  that  after  the  dis- 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE.  5 


solution  of  the  present  assembly,  the  representatives 
should  be  chosen  by  the  majority  of  voices  or  votes 
of  the  freeholders  of  each  county,  having  one  hun- 
dred acres  of  land  in  his  own  right,  or  be  worth  fifty 
pounds  current  money ; and  that  the  person  elected 
should  have  one  thousand  acres  of  land  in  his  own 
right,  or  be  worth  five  hundred  pounds  in  real  and 
personal  'estate.  Two  were  to  be  elected  for  Perth 
Amboy,  and  two  for  each  of  the  then  five  counties 
of  East  Jersey ; two  for  each  of  the  towns  of  Bur- 
lington and  Salem,  and  two  for  each  of  the  then  four 
counties  of  West  Jersey.  This  equality  between  the 
two  ancient  divisions  was  carefully  adhered  to.  Hun- 
terdon County  was  established  in  1714,  but  continued 
to  choose  representatives  in  conjunction  with  Burling* 
ton  until  1727,  when  it  was  authorized  to  choose  two, 
and  Salem  town  was  deprived  of  its  separate  repre- 
sentation. Cumberland  County  was  set  off  from  Sa- 
lem in  1747,  but  continued  to  elect  representatives 
as  before,  until  1768,  when  two  additional  members 
were  added  from  Morris  County,  two  from  Cumber- 
land, and  two  from  Sussex,  this  last  county  extend- 
ing into  both  divisions. 

In  1725  an  act  was  passed  requiring  the  sheriff  and 
other  officer  to  whom  a writ  of  election  was  directed, 
to  give  public  notice  of  the  day  and  place  of  election  ; 
and  on  that  day,  between  the  hours  of  ten  and  twelve, 
to  proceed  to  the  election,  by  reading  his  writ,  and 
that  he  should  not  declare  the  choice  upon  the  view 
(that  is  merely  from  a vote  by  holding  up  of  hands), 
nor  adjourn,  without  the  consent  of  the  candidates, 
but  should,  if  a poll  was  required,  proceed  from  day 
to  day,  and  time  to  time,  until  all  the  electors  then 
and  there  present  be  polled ; and  he  was  required  to 


6 


REMINISCENCES  OF  NEW  JERSEY. 


appoint  a clerk  who  should  set  down  the  names  of 
the  electors  and  the  persons  they  voted  for.  There 
was  of  course  but  one  place  of  election  in  each  county. 
This  mode  of  election  continued  for  some  time  after 
1776.  The  poll,  if  one  was  required,  generally  closed 
the  first  day ; but  on  some  occasions  was  kept  open 
a week,  or  longer.  In  1789,  in  consequence  of  the 
rivalry  between  East  and  West  Jersey,  as  to  whether 
the  seat  of  the  general  government  should  be  tempo- 
rarily at  New  York  or  Philadelphia,  the  polls  were 
kept  open,  in  some  of  the  western  counties,  three  or 
four  weeks. 

Voting  by  ballot  does  not  appear  to  have  been 
practiced  until  after  the  Revolution.  It  wras  intro- 
duced in  some  of  the  counties  in  1779,  but  was  soon 
discontinued  during  the  war.  In  1783  the  election 
by  ballot  was  restored  in  several  counties ; in  1790 
it  was  required  in  others;  and  in  1797  in  all  the 
counties. 

From  the  surrender  until  the  Revolution,  a period 
of  seventy  Tour  years,  there  were  twenty-two  assem- 
blies, some  of  which  continued  but  one  year,  others 
longer,  and  one  from  1761  to  1769,  — eight  years.  In 
1768  an  act  was  passed  — of  course  with  the  concur- 
rence of  the  governor  — that  a general  assembly  should 
be  holden  once  in  seven  years  at  least;  to  which  Al- 
linson,  in  his  edition  of  the  laws  published  in  1776, 
just  before  the  Declaration  of  Independence,  appends 
a note,  that  “ although  this  act  never  had  the  royal 
assent,  it  is  here  inserted,  on  the  probability  that  so 
reasonable  a law  will  be  regarded.”  The  Assembly 
first  elected  after  this  act,  was  dissolved  at  the  end 
of  three  years  ; and  that  convened  in  1772,  dissolved 
itself  in  1776.  The  number  and  duration  of  the  sit- 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE. 


7 


tings  of  the  several  assemblies  were  very  diverse, 
there  having  been  on  some  occasions  five  or  six 
within  one  year ; and  on  others  there  was  an  inter- 
val of  two,  and  once  of  five  years,  without  an  assem- 
bly being  convened. 

All  the  provincial  officers  for  the  whole  colony  or 
a county,  including  even  the  clerks  of  the  Assembly, 
were  appointed  directly  by  the  crown,  by  writ  of 
privy  seal,  or  by  the  governor  and  council,  and  were 
commissioned  in  the  name  of  the  reigning  king,  un- 
der the  great  seal  of  the  province,  which  was  in  the 
keeping  of  the  governor.  The  instructions  required 
him  to  take  care  that  the  officers  be  men  of  good 
life,  and  well  affected  to  our  government,  of  good 
estates  and  abilities,  and  not  necessitous  people,  or 
much  in  debt. 

For  several  years  the  proprietors  in  England  had 
much  influence  in  the  appointment  of  the  .officers. 
In  1715,  by  an  instrument  under  their  hands  and 
seals,  they  appointed  James  Smith  clerk  of  the  su- 
preme court,  and  James  Alexander  surveyor-general ; 
and  a letter  was  directed  to  Governor  Hunter,  in  the 
name  of  King  George,  requiring  him  to  receive,  assist, 
and  countenance  them  in  the  execution  of  their  offices. 
Occasionally,  the  officers  appointed  by  the  governor 
and  council  were  superseded,  by  direct  appointments 
from  the  crown. 

The  governor  and  council  were  empowered  to  erect, 
constitute,  and  establish  such  courts  as  they  should 
think  necessary,  and  to  appoint  and  commission 
judges  and  all  other  necessary  officers  and  magis- 
trates, and  were  instructed  not  to  displace  any  of  the 
judges  or  other  officers  without  good  cause,  to  be  sig- 
nified to  the  crown,  and  not  to  express  any  limitation 


8 


REMINISCENCES  OF  NEW  JERSEY. 


of  time  in  the  commissions.  According  to  the  Eng- 
lish Constitution,  the  King  or  Queen  is  considered  the 
fountain  of  justice,  and  general  conservator  of  the 
peace,  and  this  branch  of  the  royal  prerogative  was 
delegated,  so  far  as  the  province  was  concerned,  in 
a very  ample  manner,  to  the  governor  and  council. 
By  virtue  of  this  power,  they  granted  patents  estab- 
lishing and  altering  the  boundaries  of  townships,  con- 
stituting municipal  and  other  corporations,  and  estab- 
lishing and  regulating  ferries;  and  by  ordinances, 
established  courts  of  justice,  defined  their  powers, 
appointed  the  times  and  places  at  which  they  should 
be  held,  and  regulated  the  fees. 

Lord  Cornbury,  the  first  governor,  promulgated  an 
ordinance  in  1704;  and  as  is  remarked  by  Mr.  Field 
in  his  interesting  account  of  the  provincial  courts  of 
New  Jersey,  “ he  is  entitled  to  the  credit  of  having 
laid  thq  foundation  of  our  whole  judicial  system,  and 
laid  it  well.”  Justices  were  to  have  cognizance  of 
cases  to  the  value  of  forty  shillings.  In  each  county, 
there  was  established  a court  of  common  pleas,  hav- 
ing power  to  try  all  actions  at  common  law,  and  a 
court  of  general  sessions  of  the  peace,  each  with  quar- 
terly terms ; and  for  the  province,  a supreme  court, 
to  sit  once  in  each  year  at  Perth  Amboy  and  at  Bur- 
lington, and  to  have  cognizance  of  all  pleas,  civil,  crim- 
inal, and  mixed,  as  fully  as  the  courts  of  queen’s 
bench,  common  pleas,  and  exchequer  in  England. 
In  1714  the  supreme  court  was  required  to  hold  two 
terms  yearly  in  each  place,  and  courts  for  the  trial  of 
issues  were  appointed  to  be  held  yearly  in  each  county. 
The  ordinance  of  Cornbury  is  in  his  own  name,  by 
the  advice  and  consent  of  the  council;  and  this  ex- 
ample was  followed  by  Governor  Hunter.  Afterwards 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE.  9 


the  ordinances  are  in  the  name  of  the  king ; but  they 
all  emanated  from  the  same  authority,  namely,  the 
governor  and  council.  It  does  not  appear  that  any 
of  them  were,  like  the  commissions  of  the  governor, 
by  privy  seal.  The  times  and  places  of  holding  the 
courts,  and  the  length  of  the  terms,  were  from  time 
to  time  altered,  but  the  constitution  and  powers  of 
the  courts  remained  the  same,  except  that  in  1724, 
no  doubt  through  the  influence  of  the  proprietors, 
the  jurisdiction  of  the  common  pleas  was  restricted 
so  as  to  except  causes  wherein  the  right  or  title  of 
any  lands,  tenements,  or  hereditaments,  were  in  any 
wise  concerned.  After  1751  the  supreme  court  fixed 
the  times  of  holding  the  circuits.  The  jurisdiction  of 
these  several  courts  remains  to  this  day,  as  established 
by  the  ordinance  of  1724.  The  legislature  from  that 
time  endeavored  to  regulate  the  practice  and  fees, 
generally  without  success,  their  acts,  except  in  refer- 
ence to  justices’  courts,  the  jurisdiction  of  which  was 
gradually  enlarged,  having  been  commonly  disallowed 
by  the  king. 

It  was  provided  by  the  original  instructions,  that 
appeals  might  be  made  from  the  courts,  to  the  gov- 
ernor and  council,  in  all  cases  where  the  sum  or  value 
appealed  from  exceeded  one  hundred  pounds,  with  an 
ultimate  appeal  to  the  king’s  privy  council,  where  the 
sum  or  value  appealed  from  exceeded  two  hundred 
pounds.  The  only  material  changes  since  made  in  the 
judicial  system  first  established,  have  been  the  estab- 
lishment of  an  orphans’  court  in  each  county,  and  the 
giving  to  the  circuit  courts  in  each  county  original 
jurisdiction  in  all  cases  at  common  law,  including 
cases  where  the  title  to  land  is  in  question,  and  equity 
powers  in  mortgage  cases. 


10 


REMINISCENCES  OF  NEW  JERSEY. 


A court  of  chancery  was  recognized  as  an  essential 
part  of  the  judiciary,  from  the  first,  although  no  sep- 
arate tribunal  for  the  exercise  of  equity  powers  ap- 
pears to  have  been  instituted,  either  in  East  or  West 
Jersey.  Lord  Cornbury  provided  by  ordinance,  that 
the  governor  or  lieutenant-governor  for  the  time  be- 
ing, and  any  three  of  the  council,  should  constitute 
a court  of  chancery,  and  hear  and  determine  causes, 
according  to  the  usage  or  custom  of  the  high  court 
of  chancery  in  the  kingdom  of  England.  Afterwards 
Governor  Hunter  claimed  a right  to  exercise  the 
powers  of  chancellor  alone,  without  the  aid  of  his 
council,  and  this  course  was  sanctioned  by  the  king. 
In  1770  Governor  Franklin,  with  the  advice  of  his 
council,  adopted  an  ordinance,  by  which,  after  recit- 
ing that  there  had  always  been  a court  of  chancery 
in  the  province,  and  that  the  same  required  regu- 
lation, it  was  ordained,  that  his  Excellency,  William 
Franklin,  be  constituted  and  appointed  chancellor, 
and  empowered  to  appoint  and  commission  such  mas- 
ters, clerks,  examiners,  registers,  and  other  necessary 
officers  as  should  be  needful  in  holding  the  said  court, 
and  doing  the  business  thereof ; and  also  to  make 
such  rules  for  carrying  on  the  business  of  the  said 
court  as  from  time  to  time  should  seem  necessary. 
The  constitution  and  powers  of  this  court  remain  un- 
altered, except  that  the  governor  is  no  longer  chan- 
cellor; the  office  of  register  has  been  abolished,  and 
the  appointment  of  a clerk  conferred  on  the  gov- 
ernor and  senate.  The  rules  of  practice  were  first 
systematized,  so  that  the  business  transacted  therein 
became  important,  in  1818,  during  the  chancellor- 
ship of  Governor  Williamson.  No  appeal  was  pro- 
vided for,  unless  it  was  to  the  king  in  council,  and  no 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE.  11 

one  is  known  to  have  been  otherwise  demanded  until 
in  1799,  the  legislature  enacted,  that  an  appeal  might 
be  taken  to  the  court  of  errors  and  appeals. 

The  ecclesiastical  jurisdiction  was  reserved  to  the 
Bishop  of  London,  excepting  only,  “ the  collating  to 
benefices,  granting  licenses  for  marriages,  and  the 
probate  of  wills,”  which  were  assigned  to  the  gov- 
ernor. By  virtue  of  this  grant,  he  became  the  Or- 
dinary and  Metropolitan  of  the  province,  having  all 
the  powers  in  regard  to  the  estates  of  deceased  per- 
sons, which,  in  England,  belonged  to  the  courts  of 
the  bishop  and  archbishop.  As  judge,  therefore,  of 
the  “ Prerogative  Court,”  which  is  the  title  of  the 
archbishop's  court,  he  had  the  sole  and  exclusive  juris- 
diction of  matters  relating  to  wills,  to  administrations, 
and  to  guardianships,  with  no  superior  but  the  king 
and  his  privy  council. 

It  being  very  inconvenient,  and  indeed  almost  im- 
possible, for  the  people  in  all  parts  of  the  province  to 
resort  to  the  governor,  especially  when  he  resided  in 
New  York,  he  appointed  deputies,  called  surrogates, 
as  was  also  the  practice  in  England,  to  act  for  him. 
In  1720,  Michael  Kearney  was  commissioned,  under 
the  great  seal,  surrogate  of  the  Province  of  New 
Jersey,  with  full  power  to  swear  the  witnesses  to  last 
wills  and  testaments,  and  to  admit  administrations  on 
the  estates  of  persons  dying  intestate,  and  administer 
the  oaths  to  executors  and  administrators,  for  the  due 
execution  of  their  offices,  and  their  bonds  in  his  name 
to  take,  to  call  to  account  and  reckoning  with  execu- 
tors and  administrators,  and  their  accounts  to  exam- 
ine, approve,  allow,  and  discharge,  and  quietus  there- 
upon to  give  and  grant,  and  the  balance  of  said 
account  to  receive,  for  which  he  was  to  be  accounta- 


12 


REMINISCENCES  OF  NEW  JERSEY. 


ble  to  him.  Afterwards,  one  was  appointed  for  each 
division,  and  as  occasion  required  more,  sometimes 
one  for  two  or  three  counties,  and  sometimes  more 
than  one  in  the  same  county.  They  were  of  course 
removable  at  the  pleasure  of  the  governor,  and  were 
simply  deputies,  the  probate  of  wills  and  other  offi- 
cial acts  being  generally  in  his  name  and  under  his 
hand  and  official  seal  as  ordinary.  He  retained  the 
power  of  acting  himself  in  the  first  instance,  in  all 
cases  brought  before  him,  in  his  court.  The  acts  of 
his  surrogates  were  recognized  as  valid  by  the  courts, 
and  they  were  considered  lawful  and  competent 
judges  of  the  matters  submitted  to  their  cognizance. 
When  disputes  arose,  they  were  settled  in  the  pre- 
rogative court. 

The  surrogate’s  commission,  it  will  be  perceived, 
required  him  to  be  accountable  to  the  ordinary 
for  the  balance  of  an  account  in  the  hands  of  an 
administrator.  This  was  to  enable  him  to  distribute 
it  to  the  next  of  kin,  pursuant  to  the  English  Stat- 
ute of  Distribution,  enacted  in  the  time  of  Charles 
II.,  not  long  before  the  surrender.  Unless  some  dis- 
pute arose,  it  is  supposed  that  the  balance  was  com- 
monly paid  over  by  the  administrator  himself  to 
those  entitled. 

In  1784,  orphans’  courts  were  established,  and  pro- 
vision was  made  by  law  for  one  surrogate  being  ap- 
pointed in  each  county,  whose  power  was  limited  to 
the  county.  The  original  jurisdiction  of  the  ordinary 
remained  as  before,  until  in  1820  it  was  restricted  to 
the  granting  of  probates  of  wills,  letters  of  adminis- 
tration, letters  of  guardianship,  and  to  the  hearing 
and  finally  determining  of  disputes  that  may  arise 
thereon.  In  these  matters  it  is  still  concurrent  with 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE.  13 

that  of  the  surrogates  and  orphans’  courts  ; and  from 
all  orders  and  decrees  of  the  orphans’  courts  an  ap- 
peal may  be  taken  to  the  prerogative  court.  In  1822 
the  appointment  of  the  surrogate  was  given  to  the 
joint  meeting,  and  so  remained  until  the  new  consti- 
tution provided  for  his  election  by  a popular  vote. 

By  the  constitution  of  the  supreme  court,  it  was 
invested  with  plenary  jurisdiction  in  criminal,  as  well 
as  civil  cases.  Until  several  years  after  the  Revolu- 
tion, it  was  the  practice  to  summon  grand  juries,  by 
virtue  of  a writ  for  that  purpose,  directed  to  the  sher- 
iff of  the  county  in  which  it  sat,  who  inquired  and 
made  presentments,  and  passed  on  indictments  for 
offenses  committed  in  that  county.  Other  criminal 
cases  were  brought  there  by  the  attorney-general,  or 
on  special  leave  by  the  defendant.  Trials  of  criminal 
and  civil  cases,  by  a jury  of  the  county  in  which  the 
offense  was  alleged  to  have  been  committed,  or  the 
cause  of  action  arose,  were  quite  frequent,  there  being 
seldom  a term  without  one  or  more. 

Special  commissions  of  oyer  and  terminer  were 
issued  for  the  trial  of  felonies  in  the  different  coun- 
ties, when  considered  necessary,  and  regularly  at  the 
times  of  the  yearly  circuit  courts.  They  were  com- 
monly directed  to  the  justices  of  the  supreme  court, 
or  two  of  them,  and  to  the  judges  and  justices  of  the 
county,  empowering  them,  or  any  three  of  them,  of 
whom  a justice  of  the  supreme  court  should  be  one, 
the  jail  of  the  place  of  sitting,  of  the  prisoners  there- 
in being,  to  deliver,  and  at  a day  by  them  to  be  ap- 
pointed, diligently  to  make  inquiry  upon  the  prem- 
ises, and  all  and  singular  the  said  premises  hear  and 
determine,  and  the  jail  there  deliver,  and  those  things 
do  and  perform  according  to  the  law  and  custom  of 


14 


REMINISCENCES  OF  NEW  JERSEY. 


the  kingdom  of  England,  and  of  the  Province  of  New 
Jersey ; and  commanding  the  sheriff  to  bring  before 
them  the  prisoners  with  their  attachments  ; the  com- 
mission to  continue  in  force  a certain  specified  time, 
sometimes  a few  days  and  sometimes  several  months. 
These  commissions  continued  to  be  issued  until  the 
passage  of  the  act  of  1794. 

Clerks  of  the  courts  were  appointed  by  the  gov- 
ernor, and  commissioned  to  hold  during  pleasure. 
There  were,  besides,  one  or  more  clerks  of  the  cir- 
cuit, who  attended  the  sittings  in  the  counties, 
and  kept  their  own  minutes.  A book  containing 
such  minutes  of  the  oyer  and  terminer  and  circuit 
courts,  held  in  most  of  the  counties  from  1749  to 
1762,  is  preserved  in  the  clerk’s  office  of  the  County 
of  Middlesex.  The  oyer  and  terminer,  as  well  as  the 
circuit,  were  regarded  as  branches  of  the  supreme 
court,  and  the  proceedings  therein  subject  to  its  con- 
trol. The  clerks  seem  to  have  exercised  the  power 
of  appointing  deputies. 

Benefit  of  clergy  was  prayed  for  and  allowed,  as  in 
England.  In  one  instance,  the  entry  in  the  minutes 
of  the  oyer  is,  “ the  prisoners  being  asked  if  they  had 
anything  to  say  why  sentence  of  death  should  not 
pass  on  them,  according  to  the  verdict  found  against 
them,  prayed  the  benefit  of  the  clergy ; the  court  be- 
ing of  opinion  that  they  were  entitled  to  the  ben- 
efit of  their  clergy,  their  judgment  is  that  they  be 
branded  in  the  brawn  of  their  left  thumb  with  the 
letter  T.  immediately  in  the  face  of  the  court,  which 
sentence  was  executed  accordingly  ; and  ordered  that 
they  be  recommitted  till  their  fees  are  paid,  and  they 
each  enter  into  recognizance  in  one  hundred  pounds, 
to  be  of  good  behavior  for  one  year.” 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE.  15 

The  ordinance  establishing  the  circuits,  required 
the  high  sheriff,  justices  of  the  peace,  the  mayor  and 
aldermen  of  any  corporation  within  the  counties,  and 
all  officers  of  any  of  the  courts,  to  be  attending  on 
the  chief  justice  and  other  justices  going  the  circuit, 
at  his  coming  into  and  leaving  the  several  counties, 
and  during  his  abode  within  the  same  ; and  the  prac- 
tice, as  it  was  in  England  until  the  introduction  of 
railways,  was  for  the  sheriff,  with  as  many  justices 
and  other  gentlemen  on  horseback  as  he  could  con- 
veniently collect,  to  await  the  arrival  of  the  judge  at 
the  county  line,  to  which  he  was  in  like  manner 
escorted  by  the  officers  of  the  adjoining  county,  and 
escort  him  to  his  lodgings.  At  the  opening  and  clos- 
ing of  the  court,  from  day  to  day,  the  sheriff  and  con- 
stables with  their  staves  of  office,  escorted  him  from 
and  to  his  place  of  lodging  to  the  court-house,  as  was 
indeed  the  usual  custom  until  very  recently. 

When  sitting  in  court,  the  justices  of  the  supreme 
court  wore  a robe  of  office,  and  commonly  a wig, 
although  it  is  not  probable,  that  like  their  brethren 
in  England,  they  considered  it  necessary  to  carry  four 
of  these  indispensable  articles,  namely,  “ the  brown 
scratch  wig  for  the  morning  when  not  in  court ; the 
powdered  dress  wig  for  dinner ; the  tie  wig  with  the 
black  coif  when  sitting  on  the  civil  side  of  the  court ; 
and  the  full-bottomed  one  for  the  criminal  side.” 

At  May  term,  1765,  the  supreme  court  promulgated 
the  following  rule : “ The  court  considering  that  it  is 
the  usage  in  England  for  counselors  at  law,  during 
term  time  at  Westminster,  and  on  the  circuits  through 
the  kingdom,  constantly  to  appear  in  the  court  hab- 
ited in  robes  or  gowns  adapted  to  the  profession  of 
the  law,  and  as  the  introduction  of  the  like  usage 


16 


REMINISCENCES  OF  NEW  JERSEY. 


into  this  province  may  tend  to  advance  the  dignity, 
solemnity,  and  decorum  of  our  courts,  and  have  many 
other  useful  consequences : It  is  therefore  ordained, 
that  no  person  practicing  as  counsel  at  the  bar  (ex- 
cept those  of  the  people  called  Quakers),  shall  for  the 
future  appear  at  any  supreme  court  to  be  held  in 
this  province,  or  in  any  of  the  courts  on  the  circuits, 
unless  he  be  habited  in  the  bar  gown  and  band,  com- 
monly worn  by  barristers  at  Westminster,  and  on  the 
circuits  in  England,  under  a penalty  of  a contempt 
of  this  rule.”  It  continued  to  be  observed  until  1791, 
when  the  leading  counselors  presented  a petition, 
setting  forth  that  it  was  found  to  be  troublesome 
and  inconvenient,  and  deemed  by  them  altogether 
useless,  and  it  was  rescinded. 

In  1763,  in  the  absence  of  Chief  Justice  Morris,  the 
court,  upon  the  ground  that  his  majesty’s  subjects 
inhabiting  within  this  province,  who  were  possessed 
of  entailed  estates,  labored  under  great  disadvantages 
on  account  of  the  small  number  of  persons  empowered 
to  pass  fines  or  suffer  recoveries,  appointed  Cortland t 
Skinner  and  Richard  Stockton,  sergeants  at  law.  But 
the  next  day,  the  chief  justice  being  in  attendance, 
Mr.  Skinner,  the  attorney-general,  expressing  great 
doubts  as  to  the  regularity  of  the  proceeding,  an- 
nounced that  he  was  unwilling  to  practice  as  a ser- 
geant under  this  appointment,  whereupon  the  court 
took  the  matter  into  consideration,  and  being  of  opin- 
ion that  sergeants  could  not  be  regularly  made  or  ap- 
pointed by  rule  of  the  court,  but  ought,  on  the  recom- 
mendation of  the  judges,  to  be  called  up  by  writ  out 
of  chancery,  and  then  sworn,  agreeable  to  the  practice 
in  England,  annulled  what  had  been  done. 

Commissions  of  the  peace  were  issued  by  the  gov- 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE.  17 


ernor  and  council,  agreeably  to  the  practice  in  Eng- 
land, whereby  justices  were  appointed  for  the  differ- 
ent counties,  yearly  or  otherwise,  as  they  chose  ; a 
part  of  whom  were  designated  as  of  the  quorum,  so 
that  a court  of  sessions  could  not  be  held  without  the 
presence  of  one  of  them.  These  commissions  appear 
to  have  generally  included  in  each  one,  the  members 
of  the  council,  or  some  of  them,  the  justices  of  the 
supreme  court,  and  the  attorney-general,  so  that  they 
thus  became  conservators  of  the  peace  throughout  the 
province.  Judges  of  the  pleas  were  commissioned, 
sometimes  three  or  more  together,  and  sometimes 
separately.  The  commissions  used  varied  in  their 
terms  ; but  it  is  believed  that  they  in  express  terms 
declared  that  the  office  was  to  be  held,  “for  and 
during  our  will  and  pleasure;”  or  that  they  desig- 
nated no  particular  tenure,  thus  leaving  the  office 
to  be  in  fact  held  during  the  pleasure  of  the  execu- 
tive. 

Justices  of  the  supreme  court  appear  at  first  to 
have  been  commissioned,  agreeably  to  the  original 
instructions,  without  any  express  limitations;  but 
they  were  by  these  instructions  removable  for  cause, 
to  be  made  known  to  the  king.  In  some  cases,  the 
commission  authorized  the  incumbent  to  execute%his 
office,  according  to  the  laws,  statutes,  and  customs  of 
that  part  of  our  kingdom  of  Great  Britain  called  Eng- 
land ; but  no  settled  form  was  adhered  to.  Chief 
Justice  Morris  was  commissioned  during  good  be- 
havior, as  early  as  1738.  In  1748,  Samuel  Nevill  was 
commissioned  to  hold  during  pleasure ; but  the  next 
year  this  commission  was  revoked,  and  he  was  com- 
missioned to  hold  during  good  behavior,  and  this  ap- 
pears to  have  been  afterwards  the  usual  tenure,  until 
2 


18 


REMINISCENCES  OF  NEW  JERSEY. 


1776,  when  the  convention  adopted  the  very  ques- 
tionable term  of  seven  years,  still  adhered  to. 

Sheriffs  were  commissioned  in  this  wise,  or  in  some 
similar  form  : u We  commit  unto  you,  our  County  of 
E.,  in  the  Province  of  New  Jersey,  to  keep  from  the 
date  of  these  presents,  during  our  pleasure,  yielding 
unto  us  and  our  successors,  our  dues  and  other  things 
to  us  belonging,  and  we  command  all  our  loving  sub- 
jects in  our  said  county,  that  to  you  in  the  execution 
of  the  office  of  high  sheriff  of  our  said  county  they  be 
aiding,  helping  and  assisting.”  In  1747,  an  act  of  the 
legislature  confirmed  by  the  crown,  provided  that  the 
sheriff  and  under-sheriff  should  not  continue  in  office 
above  three  years,  and  should  be  incapable  of  holding 
office  again,  until  they  had  been  out  of  office  three 
years,  and  that  no  sheriff  should  be  appointed  who 
was  not  a freeholder  and  resident  of  his  county  and 
who  had  not  been  such  for  the  three  preceding  years. 
Coroners  were  also  appointed  by  the  governor  and 
council. 

An  act  was  passed  in  1714,  to  raise  money  for  build- 
ing and  repairing  jails  and  court-houses,  which  au- 
thorized the  inhabitants  of  each  town* and  precinct, 
to  assemble  on  the  second  Tuesday  of  March  yearly, 
and*  choose  two  freeholders  for  the  ensuing  year, 
which  said  freeholders,  together  with  all  the  justices 
of  the  peace  of  each  county,  or  any  three  of  them, 
one  whereof  being  of  the  quorum,  should  meet  to- 
gether, and  appoint  assessors  and  collectors,  to  assess 
the  inhabitants,  and  collect  the  taxes.  In  case  any 
town  or  precinct  should  neglect  to  elect  freeholders, 
the  justices  were  authorized  to  appoint  them.  The 
board  thus  constituted  continued  to  have  the  care  of 
the  county  business,  until  the  act  of  1798  incorporated 
the  freeholders  alone. 


CONSTITUTION  AND  GOVERNMENT  OF  THE  PROVINCE.  19 


Some  of  the  townships,  as  has  been  stated,  were 
established  by  patents  under  the  great  seal,  which 
authorized  the  inhabitants  to  choose  overseers  of  the 
highways,  constables,  overseers  of  the  poor,  an  asses- 
sor, and  a collector.  In  1717  the  inhabitants  of  all 
the  townships  were  required  to  elect,  annually,  as- 
sessors and  collectors  of  the  taxes,  and  in  case  of 
neglect,  any  three  justices,  one  being  of  the  quorum, 
were  authorized  to  appoint  them.  Constables,  ex-# 
cept.  in  the  patent  townships,  were  appointed  yearly, 
by  the  courts  of  general  sessions  of  the  several  coun- 
ties, as  they  deemed  necessary  : one  or  more  for  each 
township  or  town,  or  precinct  without  definite  bounds. 
This  was  a common  law  power,  held  to  belong  to  this 
court  in  England  and  in  New  Jersey,  in  all  necessary 
cases,  to  prevent  a failure  of  justice. 

A “ Register  and  Calendar,”  printed  at  Philadelphia, 
for  1774,  which  contains  a list  of  the  British  parlia- 
ment and  ministry,  and  of  the  officers  of  each  of  the 
American  colonies,  states  the  officers  of  the  Province 
of  New  Jersey  to  be  as  follows : — 

Governor,  his  Excellency,  William  Franklin,  Esq. 

Lieutenant-governor,  his  Excellency,  Thomas  Pow- 
nall,  Esq. 

His  Majesty’s  Council,  twelve  gentlemen,  named. 

Secretary,  Maurice  Morgan,  Esq. ; deputy,  Charles 
Petit,  Esq. 

Note.  — The  council  in  their  legislative  capacity  is 
a distinct  branch  of  the  legislature,  in  the  nature  of 
the  House  of  Lords  in  Great  Britain. 

Representatives  in  General  Assembly,  thirty  gen- 
tlemen, who  are  named. 

Treasurer  for  East  Jersey,  Stephen  Skinner,  Esq. 

Treasurer  for  West  Jersey,  Samuel  Smith,  Esq. 


20 


REMINISCENCES  OF  NEW  JERSEY. 


Surveyor-general  for  East  Jersey,  the  E.  of  Ster- 
ling. 

Surveyor-general  for  West  Jersey,  Daniel  Smith, 
Esq. 

Agent  in  Great  Britain,  Benjamin  Franklin,  Esq. 

Attorney-general,  Cortlandt  Skinner,  Esq. 

Court  of  Chancery.  — Chancellor,  his  Excellency, 
the  Governor. 

. Masters,  James  Hude,  James  Bowman,  Joseph 
Reed,  Esqrs. 

Registers,  Josiah  F.  Davenport  and  John  Smyth, 
Esqrs. 

Clerks,  Josiah  F.  Davenport,  Jonathan  Deare, 
Joseph  Warrell,  John  Antill,  Daniel  Ellis,  Robert 
Ogden,  Esqrs. 

Examiners,  J.  Smyth,  D.  Ellis,  Robert  Stockton, 
Esqrs. 

Supreme  Court.  — Judges,  Hon.  Frederick  Smyth, 
chief  justice;  Hon.  Charles  Read  and  Hon.  David 
Ogden,  Esqrs. 

Clerk,1  Maurice  Morgan,  Esq. ; deputy,  Charles 
Petit,  Esq. 

Note.  — This  is  a court  of  king’s  bench,  common 
pleas,  and  exchequer.  The  four  annual  terms  begin 
on  the  second  Tuesdays  in  May  and  November,  at 
Burlington,  and  the  first  Tuesdays  in  April  and  Sep- 
tember, at  Perth  Amboy. 

1 Maurice  Morgan  does  not  appear  is  said  to  have  been  chief  cook  of  the 
ever  to  have  been  in  New  Jersey.  He  Duke  of  Newcastle. 


CHAPTER  II. 


THE  STATE  CONSTITUTION  ADOPTED  IN  1776,  AND  THE 
GOVERNMENT  UNDER  IT. 

LARGE  majority  of  the  people  of  New  Jersey 


were  resolute  in  their  opposition  to  the  tyran- 
nical measures  of  the  British  government,  and  de- 
termined to  resist,  if  needful,  by  a resort  to  arms. 
Governor  Franklin  and  most  of  the  councilors,  who 
held  their  appointments  under  him,  were  determined 
to  adhere  to  the  royal  cause.  But  most  of  the  mem- 
bers of  Assembly,  who  had  been  elected  in  1772, 
sympathized  with  the  people  they  represented. 

Early  in  1774,  the  Assembly,  following  the  lead  of 
Virginia,  adopted  a resolution  for  the  appointment 
of  a Standing  Committee  of  Correspondence,  and  re- 
quested the  Assembly  of  the  other  colonies  to  follow 
their  example,  and  this  they  did.  Massachusetts  pro- 
posed that  a general  Congress  should  meet  at  Phila- 
delphia in  September.  Governor  Franklin  was  re- 
quested to  convene  a meeting  of  the  legislature  for 
the  purpose  of  appointing  delegates  to  this  Congress ; 
but  he  refused  to  do  so.  In  consequence  of  this  re- 
fusal, a meeting  of  the  people  of  Essex  County  was 
held  at  Newark,  in  June,  which  directed  a circular 
letter  to  be  sent  to  the  several  counties,  requesting 
delegates  to  be  chosen,  to  meet  a general  committee 
at  New  Brunswick  on  the  ensuing  twenty-first  day 
of  July.  This  request  was  complied  with,  so  that  a 


22 


REMINISCENCES  OF  NEW  JERSEY. 


committee  (as  they  styled  themselves),  composed  of 
seventy-two  delegates,  convened  at  the  appointed 
time  and  place,  which  passed  resolutions  condemna- 
tory of  the  proceedings  of  parliament,  and  chose  five 
delegates  to  represent  this  colony  in  the  proposed 
general  Congress ; but  they  did  not  assume  any  of 
the  powers  of  a legislative  body. 

The  General  Congress  met  at  Philadelphia  in  Sep- 
tember, as  proposed,  and  after  adopting  various  reso- 
lutions and  addresses,  resolved  that  another  Congress 
should  be  held  on  the  tenth  of  May,  and  that  all  the 
colonies  in  North  America,  should  choose  deputies 
to  attend  the  same.  The  Legislature  of  New  Jersey 
met  at  Perth  Amboy  in  January,  1775,  and  passed  a 
few  laws.  The  governor  in  his  message  strongly  con- 
demned the  meeting  of  a general  Congress ; but  the 
Assembly,  as  the  minutes  say,  by  a unanimous  vote, 
appointed  five  delegates,  who  attended  the  Congress, 
held  in  May,  1775. 

A committee  of  correspondence,  appointed  by  a 
convention  held  in  New  Brunswick  on  the  second  day 
of  May,  appointed  a general  convention  to  be  held  at 
Trenton  on  the  twenty-third  of  the  same  month ; and 
meetings  were  held  in  the  several  counties,  which 
chose  one  or  more  delegates,  — in  one  county  as 
many  as  fifteen,  — who  met  at  the  appointed  time  and 
place,  under  the  name  of  a “ Provincial  Congress,” 
and  proceeded  to  aid  the  Revolution,  now  fairly  com- 
menced, by  assuming  powers  of  government. 

This  Congress  adopted  the  form  of  an  association, 
which  was  directed  to  be  sent  to  the  committees  of 
correspondence  in  the  several  counties,  to  be  signed 
by  the  inhabitants.  It  pledged  every  person  signing 
it,  under  the  sacred  ties  of  virtue,  honor,  and  love  of 


THE  CONSTITUTION  OF  1776. 


23 


country,  personally  and  as  far  as  their  influence  ex- 
tended, to  endeavor  to  support  and  to  carry  into  exe- 
cution, whatever  measures  might  be  recommended  by 
the  Continental  and  Provincial  Congresses.  Only  per- 
sons signing  this  association  were  allowed  afterwards 
to  vote  for  delegates  to  the  Congress  of  the  Province. 

A committee  of  safety  was  appointed,  to  act  dur- 
ing the  recess  of  Congress ; and  such  committees 
were  afterwards  continued,  and  met  from  time  to  time 
until  a regular  government  was  organized.  They  in 
in  fact  exercised  powers  similar  to  those  assumed  by 
the  bodies  of  representatives  that  met  under  the 
name  of  Provincial  Congresses ; deriving  their  force 
from  the  active  support  of  a large  majority  of  the 
people. 

By  the  existing  laws,  elections  for  members  of  the 
Assembly  were  held  by  the  sheriffs  under  the  au- 
thority of  writs  issued  by  the  governor  and  council. 
As  these  officers  were  appointed  by  and  held  their 
offices  during  the  pleasure  of  the  governor,  it  be- 
came necessary  to  provide  a different  mode  of  proced- 
ure. On  the  twelfth  of  August,  1775,  the  Provincial 
Congress  adopted  an  ordinance,  that  the  inhabitants 
in  each  county,  qualified  to  vote  for  representatives 
of  General  Assembly  (who  were  persons  worth  fifty 
pounds  in  real  and  personal  estate),  should  meet  at 
the  respective  court-houses,  on  the  twenty-first  day 
of  September  then  next,  and  by  plurality  of  votes, 
elect  any  number,  not  exceeding  five,  with  full  power 
to  represent  each  county  in  a Provincial  Congress  to 
be  held  at  Trenton,  on  the  third  day  of  October  then 
next.  The  chairman  of  the  meeting  chosen  by  the 
voters  present,  and  any  five  or  more  freeholders,  were 
required  to  sign  certificates  of  the  election.  It  was 


24 


REMINISCENCES  OF  NEW  JERSEY. 


also  resolved,  that  a committee  of  observation  and 
correspondence  be  elected  in  each  county,  with  full 
power  as  well  to  superintend  and  direct  the  necessary 
business  of  the  county,  as  to  carry  into  execution 
the  resolutions  and  orders  of  the  Continental  and 
Provincial  Congresses ; and  the  inhabitants  of  each 
township  were  directed  to  choose  a sufficient  num- 
bers of  freeholders,  in  March,  yearly,  to  aid  the 
county  committee.  By  these  means  the  government 
was  to  a great  extent  taken  out  of  the  hands  of 
the  officers  holding  under  the  king;  and  by  the 
cooperation  of  most  of  the  people,  the  committees 
thus  chosen,  arrested  and  imprisoned  persons  be- 
lieved to  be  disaffected  to  measures  of  resistance, 
or  as  they  soon  were  called,  the  Tories ; and  they 
became,  in  most  parts  of  the  colony,  the  governing 
powen 

The  ordinance  of  August  was  carried  into  effect ; 
delegates  from  each  county  were  elected,  and  the 
Provincial  Congress  met  at  the  time  and  place  ap- 
pointed. This  body  enacted  ordinances  (so-called,  it 
would  seem,  to  distinguish  them  from  regular  laws) 
for  organizing  a military  force,  and  for  raising  money 
by  taxation,  and  these  ordinances  were  submitted  to 
and  carried  into  effect  by  the  people  as  of  binding 
obligation.  The  regular  legislature  met  in  Novem- 
ber,  1775,  for  the  last  time,  and  enacted  two  or  three 
laws  ; but  made  no  attempt  to  interfere  with  the  pro- 
ceedings of  the  Congress.  There  were  thus  two  dis- 
tinct bodies,  claiming  and  exercising  legislative  pow- 
ers, and  several  members  of  the  one  were  at  the  same 
time  members  of  the  other.  The  regular  legislature 
was  prorogued  by  the  governor,  until  the  third  day 
of  January ; but  they  failed  to  meet  on  that  day 


THE  CONSTITUTION  OF  1776. 


25 


Franklin  then  summoned  them,  by  a proclamation  in 
the  name  of  the  king,  to  meet  on  the  ensuing  twen- 
tieth day  of  June.  But  the  Provincial  Congress  on 
the  fourth  day  of  June,  by  a vote  of  thirty-eight  ayes 
to  eleven  noes,  resolved  that  the  proclamation  ought 
not  to  be  obeyed.  On  the  sixteenth  of  June  they 
ordered  the  arrest  of  the  governor,  and  he  was  taken 
into  custody  and  afterwards  sent  as  a prisoner  into 
Connecticut,  b}^  order  of  the  Continental  Congress, 
where  he  remained  a prisoner  until  regularly  ex- 
changed. However  hard  this  proceeding  may  seem, 
it  was  a necessary  severity,  justified  by  the  special 
emergency  ; and  the  effect  was  to  put  an  end  to 
the  royal  government,  as  was  designed. 

The  only  persons  entitled  by  law  to  vote  for  mem- 
bers of  Assembly,  were  freeholders,  and  only  such 
voted  for  the  delegates  to  the  Provincial  Congress. 
But  as  there  were  now  many  able-bodied  inhabitants 
who  were  not  freeholders,  and  whose  services  in  aid 
of  warlike  measures  were  needful,  this  restriction  was 
much  complained  of,  so  that  after  much  discussion,  it 
was  resolved,  on  the  sixteenth  day  of  February,  1776, 
by  a vote  of  nine  counties  in  the  affirmative,  and  four 
in  the  negative,  that  every  person  of  full  age,  who 
had  resided  one  whole  year  in  any  county  immedi- 
ately preceding  the  election,  and  was  worth  at  least 
fifty  pounds  (one  hundred  and  thirty- three  dollars), 
in  real  or  personal  estate,  should  be  admitted  to  vote. 
Subsequently,  a regular  ordinance  was  passed  em- 
bracing this  provision,  and  requiring  all  voters  and 
office-holders  to  be  persons  who  had  signed  the  pre- 
scribed articles  of  association.  This  ordinance  re- 
quired the  elections  to  be  held  at  the  court-houses 
of  each  county,  on  the  fourth  Monday  in  May  then 


26 


REMINISCENCES  OF  NEW  JERSEY. 


next,  and  in  subsequent  years,  to  elect  not  more  than 
five,  and  not  less  than  three  substantial  freeholders, 
worth  five  hundred  pounds  (the  value  then  of  a good 
farm).  It  prescribed  the  manner  of  advertising  the 
election,  the  officers  who  should  hold  it,  and  how  it 
should  be  conducted  and  the  result  certified. 

According  to  the  mode  of  proceeding  thus  speci- 
fied — which,  except  as  to  the  presiding  officer,  was 
substantially  the  same  as  had  long  been  practiced,  — 
at  the  time  of  commencing  the  election,  usually  ten 
o’clock  in  the  morning,  the  voters  of  the  county  who 
had  assembled,  chose  a presiding  officer.  Unless  a 
poll  was  demanded  by  a candidate;  he  took  the  sense 
of  the  meeting  by  naming  the  candidates,  and  requir- 
ing the  voters  to  hold  up  their  hands.  If  a poll  was 
demanded,  as  was  usually  the  case  if  there  were  more 
candidates  named  than  the  number  to  be  elected, 
then  each  candidate  who  chose  to  do  so,  nominated 
an  inspector  and  a clerk,  and  the  voters  severally 
named  the  persons  they  voted  for,  and  the  clerks 
wrote  down  their  names  and  recorded  each  one’s 
vote.  Generally  the  election  closed  the  same  day  it 
was  commenced;  but  if  a majority  of  the  candidates 
required  its  adjournment,  the  election  might  be  ad- 
journed to  another  day  or  another  place.  As  many 
of  the  voters  were  obliged  to  ride  on  horseback,  that 
being  the  only  mode  of  travel  then  in  use,  in  many 
cases  nearly  or  quite  a day’s  journey,  it  of  course 
often  happened  that  a large  number  of  the  voters 
were  prevented  from  attending.  This  mode  of  vot- 
ing prevailed  until  1790,  when  a law  was  passed  au- 
thorizing in  some  of  the  counties  voting  in  the  town- 
ships of  each  county,  and  with  written  or  printed 
ballots ; and  in  1797  this  law  was  extended  to  all  the 


THE  CONSTITUTION  OF  1776. 


27 


counties.  The  change  from  a county  to  a township 
place  of  voting  was  undoubtedly  a great  improve- 
ment, and  it  becomes  each  day  more  and  more  evi- 
dent, that  the  election  precincts  require  to  be  made 
still  smaller.  But  it  may  well  be  doubted,  I think, 
whether  the  boasted  privilege  of  voting  by  ballot,  is 
not  rather  a mistake  than  a privilege  ; and  whether 
it  will  not  be  well  to  return  to  an  open  viva  voce  vote, 
so  that  each  voter’s  choice  may  be  distinctly  recorded. 
The  frauds  that  are  now  so  frequently  perpetrated, 
would  thus  be  made  more  easy  of  detection.  The 
purpose  relied  upon  by  the  advocates  of  a ballot,  of 
thereby  enabling  the  voter  to  avoid  the  danger  of  be- 
ing subjected  to  the  dictation  of  an  employer  or  land- 
lord, amounts  practically  to  nothing.  The  case  of  a 
secret  vote,  unknown  to  the  bystanders,  is  a rare  ex- 
ception to  the  general  rule;  and  it  is  more  than  prob- 
able, that  the  practice  of  an  open  vote  known  to  all, 
would  tend  to  increase  the  independence  and  self- 
respect  of  the  voter,  and  thus  diminish  the  danger 
of  his  being  influenced  to  vote  otherwise  than  in  ac- 
cordance with  his  own  convictions. 

The  Provincial  Congress  elected  in  May,  1776,  in 
accordance  with  the  ordinance  of  the  previous  Con- 
gress, convened  at  Burlington  on  the  eleventh  day 
of  June,  and  an  equal  number  of  delegates  being 
returned  from  each  county,  they  voted  separately. 
Agreeably  to  the  recommendations  of  the  Continen- 
tal Congress,  they  adopted  a provisional  form  of  gov- 
ernment for  the  colony.  On  the  twenty-first  day  of 
June  it  was  resolved,  by  a vote  of  fifty-four  affirma- 
tives to  three  negatives,  “ that  a government  be 
formed  for  regulating  the  internal  police  of  this  col- 
ony, pursuant  to  the  recommendations  of  the  Conti- 


28 


REMINISCENCES  OF  NEW  JERSEY. 


nental  Congress  of  the  fifteenth  of  May  last.”  At  the 
same  time  five  delegates  were  chosen*  to  represent 
them  in  the  General  Congress,  and  they  were  em- 
powered to  join  in  declaring  the  United  Colonies  in- 
dependent of  Great  Britain,  and  to  enter  into  a con- 
federacy for  union  and  common  defense ; “ always 
observing  that  whatever  plan  of  confederacy  they 
entered  into,  the  regulating  the  internal  police  of  this 
province  was  to  be  reserved  to  the  colony  legisla- 
ture.” 

A committee  of  ten  members,  of  which  Rev.  Jacob 
Green,  a Presbyterian  minister,  who  was  a delegate 
from  the  County  of  Morris,  was  the  chairman,  was  ap- 
pointed to  prepare  the  draft  of  a constitution,  on  the 
twenty-fourth  of  June.  Two  days  afterwards,  the 
committee  accordingly  reported.  Who  was  the  au- 
thor of  the  draft  does  not  appear.  It  has  always 
been  understood  that  the  Rev.  Dr.  John  Wither- 
spoon, President  of  Princeton  College,  took  an  ac- 
tive part  in  preparing  it.  He  was  a delegate  to  the 
Provincial  Congress ; but  having  been  appointed  by 
that  body  a delegate  to  the  Continental  Congress, 
his  name  does  not  appear  on  the  committee,  nor  did 
he  afterwards  vote  on  the  question  of  adopting  the 
Constitution.  Two  eminent  lawyers,  Jonathan  Dick- 
inson Serjeant,  and  John  Cleves  Symmes,  were  on 
the  committee  ; but  the  instrument  bears  quite  as 
prominent  marks  of  a clerical  as  of  a legal  origin. 

The  draft  as  reported,  was  referred  to  a commit- 
tee of  the  whole,  and  considered  during  the  ensu- 
ing three  days,  but  does  not  appear  to  have  been 
printed.  On  Saturday  the  twenty-eighth,  it  was  re- 
solved that  Congress  would  receive  the  report  of  the 
committee  of  the  whole  on  the  next  Tuesday,  at 


THE  CONSTITUTION  OF  1776. 


29 


which  time  every  member  was  enjoined  to  be  punc- 
tual in  attendance.  On  Tuesday,  July  second,  Con- 
gress resumed  the  consideration  of  the  report  of 
the  committee  of  the  whole,  which  (as  the  minutes 
state),  after  sundry  amendments,  was  agreed  to. 
Then  “ on  the  question  whether  the  draft  of  the 
constitution,  formed  on  the  report  of  the  committee 
of  the  whole,  be  now  confirmed,  or  be  deferred  for 
further  consideration  ? ” it  was  carried  to  confirm 
“ now.”  The  names  of  twenty-six  members  are  re- 
corded as  voting  for  “ now,”  and  nine  “ for  defer- 
ring.” 

On  the  next  day,  the  minutes  state,  that  “ on  the 
question  whether  the  draft  of  the  constitution  be 
now  printed,  or  the  printing  be  deferred  for  a few 
days,  in  order  to  consider  in  a full  house  the  pro- 
priety of  the  last  clause  containing  the  proviso  re- 
specting reconciliation  ? ” seventeen  voted  for  printing 
“ now  ” and  eight  “ for  deferring ; ” less  than  the  reg- 
ular quorum,  but  it  had  shortly  before  been  resolved, 
that  twenty  should  be  a quorum  for  any  business, 
except  for  the  formation  of  the  constitution.  One 
thousand  copies  were  ordered  to  be  printed  and  cir- 
culated. No  attempt  was  made  to  submit  the  adop- 
tion of  the  instrument  to  a direct  vote  of  the  people. 
Under  the  circumstances,  it  was  probably  wise  to 
omit  doing  so.  It  undoubtedly  met  the  wishes,  and 
received  the  hearty  assent  of  all  the  inhabitants  in 
favor  of  an  independent  government,  and  it  was  not 
intended  to  harbor  those  who  did  not  belong  to  this 
party.  It  was  expected  to  be  only  temporary,  but 
it  continued  to  be  acted  under,  and  to  provide  the 
essentials  of  a good  local  government  for  sixty-eight 
years.  It  was  indeed  so  popular,  that  it  was  only 


30 


REMINISCENCES  OF  NEW  JERSEY. 


after  several  attempts  that  its  defects  could  be  par- 
tially remedied,  by  the  substitution  of  that  now  in 
force.  The  Congress  also  resolved,  “ That  in  order  to 
prevent  a failure  of  justice,  all  judges,  justices  of  the 
peace,  sheriffs,  coroners,  and  other  inferior  officers  of 
the  late  government  within  this  colony,  proceed  in 
the  execution  of  their  several  offices,  under  the  au- 
thority of  the  people,  until  the  intended  legislature, 
and  the  several  officers  of  the  new  government  be 
settled  and  perfected ; having  respect  to  the  present 
Constitution  of  New  Jersey  as  by  the  Congress  of  late 
ordained,  and  the  order  of  the  Continental  and  Pro- 
vincial Congresses ; and  that  all  actions,  suits,  and 
processes,  be  continued,  altering  only  the  style  and 
forms  thereof,  according  to  the  terms  by  the  said 
Constitution  prescribed,  in  the  further  prosecution 
thereof.  ” 

Independence  was  declared  by  the  Continental 
Congress  at  Philadelphia,  two  days  after  the  adoption 
of  the  New  Jersey  Constitution.  On  the  eighteenth 
day  of  July  the  Provincial  Congress  resolved  that, 
“ Whereas  the  Honorable  Continental  Congress  have 
declared  the  United  Colonies  independent  States, 
we,  the  delegates  of  New  Jersey  in  Provincial  Con- 
gress assembled,  do  resolve  and  declare,  that  we  will 
support  the  freedom  and  independence  of  the  said 
States,  with  our  lives  and  fortunes,  and  the  whole 
force  of  New  Jersey.”  The  next  day  it  was  resolved, 
that  this  House  from  henceforth,  instead  of  the  style 
and  title  of  “ The  Provincial  Congress  of  New  Jer- 
sey,” do  adopt  and  assume  the  style  and  title  of  “ The 
Convention  of  the  State  of  New  Jersey.’’  This  reso- 
lution seems  to  have  been  deemed  equivalent  to  a vir- 
tual substitution  of  the  title  “ State,”  instead  of  “ Col- 


THE  CONSTITUTION  OF  1776. 


31 


ony,”  as  used  in  the  constitution.  The  governor  and 
the  legislature,  acting  under  its  provisions,  assumed 
the  name,  “ State  of  New  Jersey,’’  and  indictments 
were  framed  in  the  same  way.  Subsequently  a law 
was  passed  directing  that  all  commissions  and  writs, 
which  by  the  constitution  were  required  to  run  in 
the  name  of  the  Colony,  run  in  the  name  of  the  State 
of  New  Jersey,  and  all  indictments  should  conclude 
against  the  peace  of  this  State,  the  government  and 
dignity  of  the  same ; and  that  all  commissions,  writs, 
indictments,  before  issued,  preferred,  and  exhibited, 
which  had  the  word  State,  and  not  the  word  Colony, 
should  be  and  were  declared  to  be,  good  and  effectual 
in  law. 

The  Constitution  thus  hastily  prepared  and  pro- 
mulgated, made  as  little  change  in  the  form  of  the 
government  prescribed,  as  was  consistent  with  the 
changed  circumstances.  The  council,  consisting  of 
one  from  each  county,  and  three  members  of  Assem- 
bly, which  number  it  was  expressly  declared  might 
be  added  to  or  diminished  by  the  legislature,  were 
directed  to  be  elected,  that  year  on  the  second  Tues- 
day of  August,  and  afterwards  on  the  second  Tuesday 
of  October,  yearly ; — and  the  legislature  so  elected 
was  to  meet  on  the  second  Tuesday  after  the  day  of 
election,  that  is  to  say,  in  a fortnight  after  the  elec- 
tion took  place.  The  right  of  voting  was  left  as  it 
had  been  previously  settled,  to  wit:  all  the  inhab- 
itants of  the  colony,  of  full  age*  worth  fifty  pounds 
clear  estate  in  the  same,  and  who  had  resided  within 


\ 


the  county,  in  which  they  claimed  a vote,  for  twelve 
months  immediately  preceding  the  election.  Mem- 
bers of  the  Council  were  required  to  be  worth  one 
thousand  pounds,  and  members  of  Assembly  five  hun- 
dred pounds  each. 


32 


REMINISCENCES  OF  NEW  JERSEY. 


In  regard  to  this  provision  regulating  the  right  of 
voting,  it  is  important  to  notice  that  the  same  Con- 
gress which  adopted  the  constitution,  on  the  fifteenth 
day  of  July,  enacted  an  ordinance,  which  prescribed 
the  places  of  holding  the  elections  in  August,  how 
they  should  be  conducted,  and  the  place  for  the  meet- 
ing of  the  legislature ; and  which  contains  this  im- 
portant proviso:  66  That  no  person  or  persons  shall  be 
entitled  to  a seat  in  council  or  Assembly,  unless  he 
or  they  so  elected,  shall  have  first  taken  the  follow- 
ing oath  or  affirmation,  to  wit,  I,  A.  B.,  do  swear  (or 
affirm)  that  I do  not  hold  myself  bound  to  bear  alle- 
giance to  George  the  Third,  King  of  Great  Britain ; 
that  I will  not  by  any  means,  directly  or  indirectly, 
oppose  the  measures  adopted  by  this  colony  or  the 
Continental  Congress  against  the  tyranny  attempted 
to  be  established  over  these  colonies  by  the  court  of 
Great  Britain,  and  that  I do  and  will  bear  true  alle- 
giance to  the  government  established  in  this  colony 
under  the  authority  of  the  people;  and  as  it  is  highly 
reasonable,  that  the  enemies  of  America  should  not 
be  admitted  to  take  an  active  part  in  our  public 
measures,  no  person  or  persons  shall  be  admitted  to 
vote  at  the  said  election,  unless  he  first  take  the 
same  oath  or  affirmation,  if  thereunto  required,  by 
any  one  of  the  judges  or  inspectors  of  the  said  elec- 
tion, which  oath  or  affirmation  any  one  of  the  judges 
aforesaid  shall  be  empowered  to  tender  and  adminis- 
ter to  any  or  either  of  the  said  electors.”  And  it 
may  be  noticed  also  that  although  females,  who 
were  worth  one  hundred  and  thirty-three  dollars  in 
their  own  right,  were  nominally  embraced  within 
the  words  of  the  constitution,  this  ordinance  refers 
only  to  males,  the  word,  being  u unless  he  take  the 
same  oath.” 


THE  CONSTITUTION  OF  1776. 


33 


The  governor,  and  all  the  other  state,  as  well  as 
many  of  the  county  officers,  were  directed  to  be 
chosen  by  the  Legislature  in  joint  meeting  : the  gov- 
ernor yearly  ; the  judges  of  the  supreme  court  for 
seven  years;  judges  of  the  pleas,  justices  of  the 
peace,  clerks  of  the  supreme  court  and  common 
pleas,  and  the  provincial  secretary  and  attorney  gen- 
eral for  five  years  each.  Sheriffs  and  coroners  by  the 
people  of  the  counties  yearly,  to  hold  however  only 
three  years  successively.  Township  officers  to  be 
elected  at  annual  town  meetings.  The  governor  was 
to  be  president  of  the  council,  having  no  veto  and 
only  a casting  vote ; in  his  absence,  the  vice  presi- 
dent of  the  council  to  exercise  his  powers.  He  was, 
as  the  governor  of  the  colony  had  always  been,  con- 
stituted the  chancellor  and  captain-general  and  com- 
mander-in-chief  of  the  military  force  and  ordinary 
or  surrogate  general.  Any  three  or  more  of  the 
councilors  were  constituted  a pri  vy  council  to  advise 
him ; and  the  governor  and  council,  seven  whereof 
were  a quorum,  were  to  be  the  court  of  appeals,  and 
to  possess  the  power  of  pardoning  criminals,  after 
condemnation.  No  law  could  be  passed,  unless  there 
should  be  a majority  of  all  the  representatives  of  each 
body  personally  present  and  agreeing  thereto. 

The  establishment  of  any  religion  was  prohibited  ; 
and  provision  made  that  no  Protestant  inhabitant  of 
the  colony  should  be  denied  the  enjoyment  of  any 
civil  right,  and  that  all  persons  of  the  Protestant  re- 
ligion should  be  capable  of  being  a member  of  either 
branch  of  the  legislature,  and  of  holding  office. 

All  the  laws  contained  in  Allison’s  edition  of  the 
laws,  which  had  then  just  been  compiled  and  pub- 
lished by  authority  of  the  legislature,  and  which 

3 


34 


REMINISCENCES  OF  NEW  JERSEY. 


contained  the  titles  of  all  the  private  acts  and  all  the 
public  acts  supposed  to  be  in  force,  were  declared  to 
be  in  force,  excepting  such  only  as  were  incompat- 
ible with  the  constitution ; and  the  common  law  of 
England,  as  well  as  so  much  of  the  statute  law,  as 
had  been  before  practiced  in  the  colony  were  to  re- 
main in  force,  until  altered  by  a future  law  of  the 
legislature.  The  inestimable  right  of  trial  by  jury 
was  to  remain  confirmed  as  a part  of  the  law  of  the 
colony  without  repeal  forever. 

Every  member  of  the  council  and  Assembly  was  re- 
quired to  swear  or  affirm,  that  he  would  not  assent  to 
any  law,  vote,  or  proceeding,  which  should  appear  to 
him  injurious  to  the  public  welfare,  nor  that  should 
annul  or  repeal  that  part  of  the  third  section  in  the 
Charter,  which  establishes  an  annual  election  of  mem- 
bers of  council  and  Assembly,  or  that  part  respecting 
the  trial  by  jury,  or  that  should  annul,  repeal,  or  alter 
any  part  of  the  eighteenth  and  nineteenth  sections 
of  the  same  ; these  last  being  the  sections  in  regard 
to  religion. 

The  concluding  clause,  so  much  objected  to  by  some 
of  the  more  ardent  members  of  the  Congress,  was  as 
follows : “ It  is  the  true  intent  and  meaning  of  this 
Congress,  that  if  a reconcilement  between  Great 
Britain  and  these  Colonies  should  take  place,  and 
the  latter  be  again  taken  under  the  protection  and 
government  of  the  Crown  of  Great  Britain,  this 
Charter  shall  be  null  and  void,  otherwise  to  remain 
in  force.” 

It  is  declared  by  the  first  article  of  this  constitu- 
tion, “ that  the  government  of  this  province  shall  be 
vested  in  a governor,  legislative  council,  and  Gen- 
eral Assembly.”  There  is  no  reason  to  doubt,  from 


THE  CONSTITUTION  OF  1776. 


35 


the  fact  that  the  members  of  the  legislature  are  re- 
quired to  swear  or  affirm  that  they  would  not  assent 
to  any  law  altering  certain  parts  of  it,  that  it  was 
then  supposed,  the  government  they  constituted 
would  be  supreme  in  the  sense  declared  by  Black- 
stone  in  his  Commentaries,  then  the  text-book  of  the 
lawyers  and  judges,  and  might  alter  the  constitution 
if  not  restrained.  The  principle  now  so  well  estab- 
lished, that  a law  not  in  accordance  with  the  consti- 
tution is  null  and  void,  and  must  be  so  held  by  the 
courts,  whenever  the  question  is  brought  before  them, 
had  not  then  been  recognized.1 

In  pursuance  of  this  constitution,  and  of  the  ordi- 
nance to  carry  it  into  effect,  elections  were  held  in  all 
the  counties,  and  the  new  legislature  met  in  Prince- 
ton on  the  twenty-seventh  day  of  August,  1776,  and 
continued  in  session  until  the  ensuing  eighth  day  of 
October.  On  the  thirty-first  day  of  August,  William 
Livingston  was  chosen  by  the  joint  meeting  of  the 
two  Houses,  governor,  and  subsequently  the  other 
officers.  The  State  of  New  Jersey  thus  became  an 
independent  sovereign  State,  not  in  the  absolute 
sense  sometimes  insisted  upon,  but  substantially  and 
relatively.  The  inhabitants  declared  themselves  free 
from  their  previous  allegiance  to  the  king  of  Great 
Britain,  and  independent  of  him  and  of  the  parlia- 
ment ; but  they  were  not  independent  of  the  other 
States,  who  were  unitedly  engaged  in  waging  a war, 
to  the  hazard,  as  all  knew  and  acknowledged,  of  their 

1 This  question  was  agitated  in  the*  And  although  the  doctrine  was  at 
case  of  The  State  v.  Parkhurst,  decided  first  disputed,  it  was  not  long  before 
in  1804,  in  which  Chief  Justice  Kirkpat-  it  became  an  acknowledged  principle, 
rick  delivered  an  able  opinion,  affirm-  that  no  legislature  can  enact  a valid 
ing  the  duty  of  the  court  to  declare  a law  in  conflict  with  the  Constitution 
law  void  which  was  in  conflict  with  of  the  State,  or  of  the  United  States, 
the  constitution.  4 Hals.  Rep.  442. 


86 


REMINISCENCES  OF  NEW  JERSEY. 


fortunes  and  lives.  The  independence  declared  by 
the  Continental  Congress,  and  recognized  by  the  Con- 
gress of  New  Jersey,  was,  that  the  United  Colonies 
were,  and  of  right  ought  to  be,  free  and  independent 
States. 

The  people  of  New  Jersey  and  their  government 
ceased  to  be  a colony,  and  subject  to  the  control  of 
a foreign  power,  and  assumed  the  most  important 
rights  and  duties  of  sovereignty.  They  possessed 
and  exercised  the  power  of  punishing  as  traitors  all 
persons  who  resisted  their  authority.  But  from  the 
beginning,  they  owed  and  acknowledged  allegiance 
to  the  Continental  Congress.  As  has  been  seen,  the 
constitution  adopted,  was  designed  “for  regulating 
the  internal  police  of  this  colony.”  The  delegates 
to  the  Continental  Congress  were  empowered  to  join 
in  entering  into  a confederacy  for  union  and  common 
defense,  reserving  only  the  regulating  of  the  internal 
police  of  the  province  to  its  legislature.  Before  and 
after  this  confederacy  was  formed,  and  until  the  adop- 
tion of  the  Constitution  of  the  United  States  in  1789, 
the  individual  inhabitants  were  not  directly  amenable 
to  any  laws  of  the  Congress,  which  had  no  judiciary 
and  no  executive  to  declare  or  enforce  such  laws ; 
but  they  were  willing  subjects  of  the  higher  power 
of  waging  war  intrusted  to  it.  No  citizen  owed 
allegiance  to  the  government  of  the  United  States, 
in  the  strictly  legal  and  technical  gense  of  being  tried 
and  punished  as  a traitor;  and  on  account  of  this 
material  defect  in  the  confederacy,  the  laws  of  the 
several  States  provided  for  the  judicial  punishment  of 
offenders  against  the  laws  of  Congress.  But  had  the 
authorities  of  any  of  the  States  undertaken  to  array 
the  power  of  that  State  against  the  Continental  Con- 


THE  CONSTITUTION  OF  1776. 


37 


gress,  while  the  conflict  with  Great  Britain  was  going 
on,.  the  military  # force  at  the  command  of  Congress 
would  of  necessity  have  been  turned  against  the 
forces  of  the  State,  and  the  persons  adhering  to  it 
would  have  been  treated  as  rebels.  Governor  Frank- 
lin was  not  subjected  to  any  judicial  action  ; he  had 
violated  no  law;  but  he  was  treated  as  a prisoner 
of  war ; and  had  he  been  placed  in  the  same  situa- 
tion a century  or  two  earlier  would  probably  have 
lost  his  head. 

The  colony  of  New  Jersey,  as  well  as  other  colo- 
nies, always  exercised  some  sovereign  powers ; but 
they  were  subject  to  the  supreme  sovereignty  of 
Great  Britain,  and  the  proper  limits  of  this  sov- 
ereignty was  the  subject  of  constant  dispute,  and 
at  length  produced  a war,  which  made  them  inde- 
pendent. From  1776  to  1789,  as  has  been  already 
remarked,  some  powers  of  superior  sovereignty,  im- 
perfectly defined,  but  real,  were  acknowledged  to 
exist  in  the  Continental  Congress,  wanting,  as  that 
body  did,  most  of  the  attributes  of  a government. 
When  the  Constitution  of  the  United  States,  under 
which  it  is  our  happiness  now  to  live,  was  adopted, 
a government  was  established  with  full  powers,  and 
every  individual  inhabitant  of  the  States  was  made 
personally  subject  to  its  rule.  They  became  liable 
to  punishment  by  means  of  a judicial  proceeding,  and 
it  was  declared  to  be  treason,  to  levy  war  against 
that  government.  The  several  States  were  still  left 
to  be  sovereign  States,  and  as  such  may  still  punish 
treason  against  their  separate  governments.  But 
over  the  subjects  exclusively  confided  to  the  rule  of 
the  general  government,  embracing  among  them 
many  of  what  may  be  called  the  higher  attributes 


38 


REMINISCENCES  OF  NEW  JERSEY. 


of  sovereignty,  the  sovereignty  of  the  State  is  abol- 
ished. The  sovereignty  of  this  general  government 
extends  only  to  such  objects  as  are  in  terms,  or  by 
necessary  implication,  expressed ; but  over  these  ob- 
jects its  right  to  command  is  absolute,  and  subject 
to  no  control  but  that  provided  in  the  Constitution 
itself.  Every  citizen  has  thus  become  plainly  subject 
to  two  distinct  sovereignties,  acting  upon  him  indi- 
vidually, in  respect  to  different  objects,  and  he  there- 
fore owes  allegiance  to  them  both  ; that  is  to  say,  he 
is  bound  to  obey  their  laws. 

It  cannot  be  doubted,  however,  that  many  intelli- 
gent politicians  have  believed,  and  I suppose  yet  be- 
lieve, that  a paramount  allegiance  is  still  due  to  the 
individual  sovereign  States,  and  that  these  States 
may  discharge  their  allegiance  to  the  Union  by  an 
act  of  formal  secession.  This  opinion  has  evidently 
been  founded  on  the  notion  that  sovereignty,  or  the 
right  of  command,  is  of  necessity  one  and  indivisible. 
This  was  the  teaching  of  the  ancient  Greek  authors, 
and  especially  of  Aristotle ; and  as  these  authors  had 
no  conception  of  a government  restrained  by  express 
limitations  of  its  power,  and  had  no  proper  conception 
of  a divine  superintending  Ruler  of  Nations,  such  a 
notion  is  not  to  be  considered  wonderful.  But  the 
wonder  is  that  such  views  should  be  thought  appli- 
cable to  circumstances  so  radically  different.  It  is  a 
signal  instance  of  the  long  abiding  influence  of  wrong 
principles,  when  once  adopted,  as  undisputed  axioms. 
No  State  was  ever  sovereign  in  any  such  sense.  Now, 
under  the  constitution,  it  is  simply  a question  of  in- 
terpretation. As  was  clearly  discerned  and  stated  by 
De  Tocqueville  in  his  “ Democracy  in  America,”  our 
united  government  “ rests  upon  a wholly  novel  the- 


THE  CONSTITUTION  OF  1776. 


39 


ory,  which  may  be  considered  a great  discovery  in 
modern  political  science.’,  It  would  seem  impossible 
for  language  to  make  it  plainer  than  that  used  in  the 
remarkable  instrument.  It  is  not  only  declared  that 
the  constitution,  and  laws  made  in  pursuance  of  it, 
shall  be  the  supreme  law  of  the  land,  but  that  the 
judges  in  every  State  shall  be  bound  thereby,  any- 
thing in  the  constitution  and  laws  of  any  State  to  the 
contrary  notwithstanding ; and  that  all  the  executive 
and  judicial  officers  and  members  of  the  legislature 
of  each  State,  shall  be  bound  by  oath  or  affirmation 
to  support  this  Constitution.  A supreme  power  is 
necessarily  the  judge  of  the  duty  of  the  inferior  to 
obey,  otherwise  it  could  not  be  supreme.  And  to 
guard  the  citizens  against  any  unconstitutional  use  of 
such  a power,  a supreme  judiciary  was  provided,  as 
independent  of  all  undue  influence  as  circumstances 
permitted,  whose  authority  was  made  to  embrace  all 
cases  in  law  or  equity,  arising  under  the  Constitution 
or  laws  of  the  United  States. 

That  these  provisions  constitute  the  government 
of  the  United  States  the  ultimate  judge  of  all  ques- 
tions arising  between  it  and  the  governments  of  the 
separate  States,  is  too  plain  to  admit  of  dispute ; and 
so  far  as  this  question  is  concerned,  it  is  immaterial 
whether  we  regard  the  Union  as  properly  a Federal 
Union,  or  as  something  entirely  different.  It  is  in 
truth  a very  complex  Union,  without  any  previous 
example  in  the  history  of  the  world  : in  some  of 
its  aspects  a federation  of  sovereign  States,  in  others 
a government  over  all  the  citizens.  Some  of  the 
more  candid  advocates  of  secession  admit  the  para- 
mount power  of  the  general  government  over  the 
governments  of  the  States,  and  deny  the  power  of  a 


40 


REMINISCENCES  OF  NEW  JERSEY. 


State,  while  remaining  in  the  Union,  to  nullify  the 
laws  of  the  general  government.  But  they  insist 
that  there  is  still  an  ultimate  sovereignty  in  the  peo- 
ple of  each  State,  which  is  so  supreme  and  incapable 
of  limit,  that  they  have  the  reserved  right  to  with- 
draw from  the  Union  at  their  pleasure,  responsible 
to  no  other  power  than  to  the  Supreme  Ruler  of  the 
Universe,  for  the  reasons  they  may  deem  sufficient 
to  justify  such  a course.1 

If  this  was  put  forward  merely  as  a statement  that 
for  sufficient  reasons,  a people  may  be  morally  justi- 
fied in  revolting  against  the  established  government, 
as  our  forefathers  did  when  they  cast  off  the  govern- 
ment of  Great  Britain,  it  need  not  be  objected  to. 
Even  a part  of  any  State  may  be  justified  in  doing 
this.  The  right,  if  such  it  may  be  called,  is  the  right 
of  self-defense,  and  paramount  to  all  laws  and  consti- 
tutions. It  is  therefore  no  legal  or  constitutional 
right.  It  can  never  be  exercised  against  the  consent 
of  the  existing  government,  unless  those  endeavoring 
to  exercise  it  have  sufficient  force  to  displace  that 
government,  and  to  deprive  it  of  its  power.  The  in- 
dividual actors  in  such  cases  understand  that  they  go 
into  the  conflict  in  full  view  of  the  halter,  and  of  all 
the  other  consequences  of  treason.  It  is  a part  of  the 
divine  government  of  the  world,  apparently  necessary 
to  prevent  constant  anarchy  and  confusion,  that  it  is 
usually  a hard  thing  to  make  a successful  revolution. 
The  theoretical  line  of  distinction  between  secession 

1 This  is  the  ground  assumed  by  Al-  The  right  of  an  oppressed  people  to 
exander  H.  Stephens,  in  his  elaborate  revolt,  is  taught  and  is  set  forth  in  the 
work,  A Constitutional  View  of  the  Declaration  of  Independence ; but  that 
late  War  between  the  States.  ( See  State  sovereignty  is  so  indivisible  in  its 
vol.  ii.  p.  22.)  He  claims  that  his  doc-  very  nature,  that  it  cannot  even  bind 
trine  is  that  taught  by  all  writers,  an-  itself  to  a paramount  power,  is  not 
cient  and  modern ; but  he  cites  none,  taught  by  any  writer  of  repute. 


THE  CONSTITUTION  OF  1776. 


41 


and  revolt  may  seem  very  thin  ; but  the  difference 
practically  is  very  great.  Men  will  readily  enter  into 
measures  considered  legal  and  constitutional,  who  will 
start  back  with  horror  from  embarking  in  a treason- 
able revolt. 

The  defects  of  the  State  Constitution  of  1776,  were 
mostly  on  the  popular  side,  and  except  the  most  pal- 
pable error  of  failing  properly  to  separate  the  legisla- 
tive, executive,  and  judicial  powers,  so  essential  to 
every  good  government,  they  have,  in  my  opinion, 
been  very  imperfectly  remedied,  by  that  adopted  in 
1844.  Instead  of  a tenure  during  good  behavior,  so 
important  to  secure  an  independent  judiciary,  the 
judges  are  still  appointed  for  the  limited  term  of 
seven  years,  and  the  office  is  thus  made  the  coveted 
prize  of  party  conflicts ; and  the  highest  court  is  still 
encumbered  with  uneducated  judges.  But  a still 
more  important  defect  is  that  the  governor  has  no 
effective  veto.  A bill  which  has  been  passed  by  cor- 
rupt means,  will  be  pretty  sure  to  become  a law,  in 
spite  of  the  governor’s  objections,  as  has  been  more 
than  once  made  evident.  If  anything  can  be  said  to 
be  fully  established  by  the  experience  of  over  a cen- 
tury, it  is  that  in  a democratic  government,  the  legis- 
lative power  is  most  to  be  feared,  and  most  needs 
control.  Our  present  constitution  has  interposed 
several  important  checks  to  improvident  legislation, 
that  were  wanting  in  that  first  adopted ; but  there  is 
no  reason  to  doubt,  that  sooner  or  later  the  people 
will  demand  and  provide  stronger  restraints. 

Most  of  the  laws  enacted  during  the  existence  of 
the  war  were  of  a temporary  character,  relating  to 
the  organization  of  the  militia,  the  laying  and  col- 
lecting of  taxes,  the  issue  and  redemption  of  paper 


42 


REMINISCENCES  OF  NEW  JERSEY. 


money,  providing  for  its  being  a legal  tender,  con- 
tinuing the  courts,  the  sitting  of  which  was  often  in- 
terrupted, the  definition  and  punishment  of  treason, 
and  the  forfeiture  of  the  estates  of  persons  guilty  of 
that  crime.  An  act  was  passed  at  the  first  session  of 
the  legislature,  declaring  that  the  several  courts  of 
law  and  equity  of  the  State  should  be  confirmed  and 
established,  and  continued  to  be  held  with  like  pow- 
ers, at  the  same  time  and  places,  as  they  were  held 
before  and  after  the  Declaration  of  Independence. 
And  afterwards,  to  prevent  all  doubts  on  the  subject, 
it  was  enacted  that  all  the  private  acts  (only  the 
titles  of  which  were  contained  in  Allison’s  edition) 
before  passed  into  laws  by  the  legislature,  except 
such  as  had  become  obsolete,  or  had  been  disallowed 
by  the  king  in  council,  or  had  been  repealed,  or  had 
expired,  should  remain  in  full  force. 

Before  and  after  the  adoption  of  the  Articles  of 
Confederation,  and  prior  to  the  ratification  of  the 
Constitution  of  the  United  States  in  1789,  a consider- 
able part  of  the  state  legislation  grew  out  of  the  cir- 
cumstance that  the  State  had  become  a sovereign 
power,  and,  so  far  as  laws  obligatory  on  individual 
citizens  were  concerned,  independent  of  other  gov- 
ernment. Some  of  these  laws  provide  for  punishing 
offenses  against  the  confederacy,  by  counterfeiting  or 
refusing  to  receive  its  paper  money,  and  made  that 
money  a legal  tender.  By  a law  passed  by  the  State 
Legislature  in  1778,  “the  United  States  of  America,” 
were  declared  to  be  a body  politic  and  corporate,  in 
New  Jersey,  and  capable  of  suing  in  that  name  for 
debts  due  to  them.  Attempts  were  made,  in  conjunc- 
tion with  some  of  the  other  States,  to  regulate  the 
prices  of  labor,  and  of  many  articles  of  merchandise, 


THE  CONSTITUTION  OF  1776. 


43 


and  especially  of  provisions ; but  these  like  the  Legal 
Tender  Act,  proved  worse  than  useless,  and  were  soon 
abandoned. 

Provision  was  made  by  the  state  laws  for  imposing 
duties  on  imports,  and  for  enforcing  those  imposed 
by  the  Continental  Congress,  and  for  establishing  cus- 
tom-houses and  naval  officers.  An  act  passed  Octo- 
ber 5,  1776,  authorized  the  governor  and  council,  by 
ordinance  and  commission,  to  establish  a court  of 
admiralty,  and  custom-houses,  with  the  necessary  offi- 
cers, which  was  limited  to  one  year,  and  in  1778  was 
continued,  and  supplied  with  a new  act.  No  record  of 
the  ordinances  or  commissions  are  now  to  be  found ; 
but  it  appears  by  numerous  advertisements  in  Collins’ 
“New  Jersey  Gazette,”  that  in  1778  and  1779  a court 
of  admiralty  existed,  of  which  Joseph  Lawrence  was 
judge,  and  afterwards  J.  Imlay;  and  Joseph  Bloom- 
field was  register.  The  court  is  advertised  to  sit, 
sometimes  in  Allentown,  sometimes  in  Trenton,  and 
in  other  places,  to  determine  the  cases  of  certain  ves- 
sels named,  which  were  taken  from  the  enemy  as 
prizes,  and  sales  are  advertised  by  John  Stokes,  mar- 
shal. 

It  appears  by  the  case  of  Jennings  v.  Carson,  in 
the  supreme  court  of  the  United  States,  reported  4 
Cranch,  2,  that  the  sloop  George , and  her  cargo,  cap- 
tured in  the  year  1778,  by  a privateer,  was  libeled 
and  condemned  by  the  court  of  admiralty  of  New 
Jersey,  in  October,  1778,  from  which  sentence  there 
was  an  appeal  to  the  Continental  court  of  appeals, 
established  by  Congress,  where  the  sentence  of  con- 
demnation was  reversed  in  December,  1780,  and  res- 
titution ordered.  The  vessel  had  been  sold  by  the 
marshal  of  the  state  court  for  paper  money,  but  it 


44 


REMINISCENCES  OF  NEW  JERSEY. 


did  not  appear  what  had  become  of  the  money ; and 
the  object  of  this  suit  was  to  render  the  owner  of  the 
privateer  liable  for  it,  which,  however,  did  not  succeed. 

In  1782  a very  carefully  prepared  act  of  the  legis- 
lature was  passed,  regulating  the  proceedings  in  ad- 
miralty, and  the  fees  ; and  requiring  the  judge  and 
other  officers  to  be  appointed  by  the  joint  meeting 
for  three  years.  In  cases  of  prize,  capture,  recapture, 
and  seizure  upon  the  water,  an  appeal  was  allowed  to 
such  judges  as  Congress  had  appointed,  or  might  ap- 
point to  hear  appeals.  One  of  the  sections  provides 
for  a trial  before  a court  of  oyer  and  terminer,  to  be 
held  by  virtue  of  a special  commission  before  any  two 
justices  of  the  supreme  court  and  the  judge  of  ad- 
miralty, according  to  the  course  of  the  common  law, 
of  all  traitors,  pirates,  felons,  and  criminals,  who  shall 
offend  upon  the  sea,  or  within  the  admiralty  jurisdic- 
tion. Whether  any  such  court  was  ever  held,  I have 
not  been  able  to  ascertain.  The  joint  meeting  ap- 
pointed John  H.  Imlay,  judge  of  the  admiralty,  and 
Joseph  Bloomfield,  register,  and  at  the  end  of  three 
years  they  were  reappointed.  Captures  as  prize  were 
very  infrequent  after  1782,  and  the. business  of  the 
court  was  probably  not  important.  The  papers  and 
records  of  the  court  have  not  been  preserved.  After 
the  ratification  of  the  Constitution  of  the  United 
States,  which  vested  the  admiralty  jurisdiction  ex- 
clusively in  the  courts  of  the  United  States,  the  state 
laws  were  repealed. 

After  the  peace,  the  people,  who  were  greatly  im- 
poverished, were  clamorous  for  stay  laws,  as  has  been 
commonly  the  case  in  all  similar  circumstances ; and 
much  hostility  was  shown  to  the  courts,  and  especially 
to  lawyers,  who  had  to  bear  the  odium  of  endeavoring 


THE  CONSTITUTION  OF  1776. 


45 


to  enforce  the  payment  of  debts  and  fulfillment  of 
contracts.  The  prevailing  feeling  was  very  much 
like  that  which  existed  in  1769,  described  in  Judge 
Field’s  “Provincial  Courts,”  p.  165.  Happily  it  did 
not  assume  the  shape  of  an  open  rebellion,  as  it  did  in 
Massachusetts  ; but  it  was  very  marked  in  'many  of 
the  proceedings  of  the  legislature.  The  popular  party 
had  the  ascendency,  and  defeated  every  attempt  to 
adopt  a new  constitution,  or  to  amend  that  in  ex- 
istence. 

Abraham  Clark  of  Elizabethtown,  a surveyor  by 
occupation,  and  a strong-minded  man,  whose  inten- 
tions appear  to  have  been  good,  but  whose  prejudices 
were  very  strong,  was  the  leader  of  this  party.  He 
was  several  times  a delegate  to  the  Continental  Con- 
gress, and  was  one  of  the  signers  of  the  Declaration 
of  Independence.  Being  a member  of  the  legislature 
of  1784,  he  was  the  main  advocate,  and  had  the  rep- 
utation of  being  the  author  of  a law  which  passed 
without  serious  opposition,  entitled  “An  Act  for  Reg- 
ulating and  Shortening  the  Proceedings  of  the  Courts 
of  Law.”  It  was  known  afterwards  as  Clark’s  law, 
and  the  spirit -which  produced  it  was  shown  by  his 
declaration  : “ If  it  succeeds,  it  will  tear  off  the  ruffles 
from  the  lawyers’  wrists.” 

But  it  did  not  succeed.  Governor  Livingston 
describes  it  as  prolonging,  rather  than  shortening 
lawsuits.  It  had  some  good  provisions,  afterwards 
adopted  with  the  necessary  modifications ; but  like 
all  such  attempts  at  reform,  made  by  incompetent 
persons,  the  innovations  attempted  were  too  great, 
and  rendered  it  incongruous  to  other  provisions  of  the 
law.  It  was  soon  altered,  and  after  a few  years  en- 
tirely superseded  by  the  practice  act  of  Governor 
Paterson,  still  the  basis  of  our  system. 


46 


REMINISCENCES  OF  NEW  JERSEY. 


An  anecdote  of  Clark  was  told  me  by  Judge  Rossel 
as  having  been  received  by  him  from  Clark  himself, 
which  is  perhaps  worth  preserving  : “ In  the  month 
of  March,  1788,  he  was  a member  of  the  Congress 
from  New  Jersey,  and  boarded  with  a widow  lady  in 
New  York,  where  Congress  then  sat,  who  lived  in  a 
very  plain  way.  Sometime  after  dark,  he  was  sit- 
ting in  her  little  parlor,  at  a stand  with  a single  tal- 
low candle/  which  was  all  the  light  in  the  room,  when 
there  was  a loud  knocking  at  the  front  door.  It  soon 
appeared  that  the  French  Minister  had  called  in  his 
carriage  to  pay  his  respects  to  the  member  of  Con- 
gress. Mr.  Clark  met  him  at  the  door,  and  as  he  ad- 
vanced into  the  room,  retired  backwards  toward  the 
stand  where  he  had  been  sitting.  He  then  attempted 
to  sit  down  in  the  chair  he  had  left,  but  which  the 
landlady,  unperceived  by  him,  had  removed.  Find- 
ing himself  falling  to  the  floor,  he  unconsciously 
seized  the  stand,  upset  it,  and  extinguished  the  light, 
so  that  his  Excellency  the  Minister  — for  titles  were 
scrupulously  observed  in  those  days  — was  received 
by  a member  of  Congress  lying  on  his  back,  but  hap- 
pily screened  by  total  darkness. 

Upon  referring  to  the  journals  of  Congress,  it  ap- 
pears that  on  the  fourteenth  of  February,  1788,  it 
was  resolved  that  the  Count  de  Moustier  be  received 
as  Minister  Plenipotentiary  from  his  most  Christian 
majesty,  and  be  admitted  to  a public  audience  on  the 
twenty-sixth  of  that  month.  There  being  then  no 
Executive,  this  w^as  the  ceremonial  formally  adopted 
by  the  Congress ; and  it  was  also  prescribed  that  after 
such  a public  reception,  the  minister  should  wait  per- 
sonally on  the  members  at  their  lodgings.  On  the 
designated  day,  the  minister  was  personally  intro- 


THE  CONSTITUTION  OF  1776. 


47 


duced  by  a committee  appointed  for  the  purpose,  and 
having  delivered  his  letter  of  credence,  he  addressed 
Congress  in  a set  speech,  to  which  the  President  of 
that  body  made  a reply.  All  this  is  formally  recorded  ; 
but  the  proceedings  outside  rest  only  in  memory. 

Clark  was  a rigid  economist,  and  a steady  advocate 
of  popular  measures.  In  1787,  although  known  to  be 
opposed  to  the  new  Constitution  of  the  United  States, 
he  was  appointed  by  the  legislature  a member  of  the 
convention  of  this  State  called  to  ratify  it ; but  ill- 
health  prevented  his  taking  his  seat  in  that  body.  In 
1791  and  1793  he  was  elected  a member  of  Congress, 
and  died  in  1794,  in  the  sixty-ninth  year  of  his  age. 

By  the  terms  of  the  State  Constitution  of  1776,  all 
the  inhabitants  of  the  State,  of  full  age,  and  worth 
fifty  pounds,  who  had  resided  for  twelve  months  in 
the  county  where  they  claimed  a vote,  were  entitled 
to  a vote.  It  is  evident,  however,  that  the  Provincial 
Congress  which  framed  this  constitution,  understood 
that  it  would  be  in  the  power  of  any  subsequent  leg- 
islature to  restrict  this  privilege ; for  they  themselves 
enacted  an  ordinance,  as  has  been  stated,  which  did 
this,  and  the  first  legislature  prescribed  oaths  to  be 
taken  not  found  in  it.  But  it  was  not  long  before  it 
was  found  that  a diversity  of  practice  prevailed  in 
different  parts  of  the  State.  At  an  election  held  in 
1806,  for  the  selection  of  the  county  seat  of  Essex 
County,  at  which  there  was  a warm  contest  between 
Elizabethtown  and  Newark,  females  and  colored  per- 
sons were  allowed  to  vote,  without  inquiry  as  to  their 
property ; some  persons,  and  among  them  some  fe- 
males, boasted  that  they  voted  under  different  names 
several  times  during  the  day  and  night  the  polls  were 
kept  open ; and  the  fraudulent  voting  was  so  great, 


48 


REMINISCENCES  OF  NEW  JERSEY. 


that  the  legislature  set  aside  the  election.  The  fact 
disclosed  by  the  evidence  produced  to  the  legislature 
in  this  case,  occasioned  the  enactment  of  a new  elec- 
tion law  in  November,  1807,  which  passed  the  Assem- 
bly by  a vote  of  thirty-one  ayes  to  five  noes.  There 
was  at  this  time  a majority  of  Democrats  in  the  leg- 
islature, but  it  was  not  a party  measure ; the  leading 
Federalists  in  the  body,  including  the  members  from 
Burlington  County,  and  the  late  James  Parker  of 
Middlesex,  voted  for  it.  The  universal  public  opinion 
of  the  people  sanctioned  its  provisions,  which  with 
but  little  change  continued  in  force  until  altered  by 
the  Constitution  of  1844,  and  the  fifteenth  amend- 
ment of  the  Constitution  of  the  United  States.  This 
law  commences  with  the  following  preamble  : — 
u Whereas  doubts  have  been  raised  and  great  diver- 
sities in  practice  obtained  throughout  the  State,  in 
regard  to  the  admission  of  aliens,  females,  and  persons 
of  color,  or  negroes,  to  vote  in  elections,  and  also  in 
regard  to  the  mode  of  ascertaining  the  qualifications 
of  voters  in  respect  to  estate ; and  whereas  it  is  highly 
necessary  to  the  safety,  quiet,  good  order,  and  dignity 
of  the  State,  to  clear  up  the  said  doubts,  by  an  act  of 
the  representatives  of  the  people  declaratory  of  the 
true  sense  and  meaning  of  the  constitution,  and  to 
insure  its  just  execution  in  these  particulars,  accord- 
ing to  the  intent  of  the  framers  thereof ; ” therefore, 
it  was  enacted,  that  no  person  should  vote,  unless  such 
person  be  a free,  white  male  citizen  of  the  Slate,  of 
the  age  of  twenty  one  years,  worth  fifty  pounds  proc- 
lamation money ; and  that  in  order  to  establish  a 
uniform  practice  throughout  the  State,  and  to  avoid 
all  questions  in  regard  to  the  qualification  of  the 
voter  as  to  estate,  every  person  in  other  respects  en- 


THE  CONSTITUTION  OF  1776. 


49 


titled  to  vote,  who  should  have  paid  a tax,  should  ^be 
adjudged  by  the  officers  conducting  the  election  to  be 
worth  fifty  pounds  clear  estate,  and  entitled  to  vote. 

It  occasionally  happened,  however,  that  the  officers 
of  election  disregarded  this  law,  holding  it  to  be  un- 
constitutional and  void,  so  far  as  it  prevented  aliens, 
females,  and  colored  persons  from  voting.  This  hap- 
pened in  at  least  one  township  in  Cumberland  County 
at  a contested  election  for  the  place  of  erecting  a court- 
house in  the  year  1837  ; and  this  in  part  produced 
what  was  called  the  broad  seal  war  the  next  year. 
From  1809  to  1845  the  polls  were  required  to  be 
kept  open  two  days,  and  it  was  customary  in  the  large 
townships  to  hold  the  election  at  different  places 
each  day. 


4 


CHAPTER  III. 


GOVERNORS  DURING  THE  WAR  FOR  INDEPENDENCE. 
WILLIAM  FRANKLIN.  WILLIAM  LIVINGSTON. 

TILLIAM  FRANKLIN  was  the  Governor  and 


Chancellor  of  the  colony  of  New  Jersey  at  the 
commencement  of  the  Revolution.  He  was  the  son 
of  Dr.  Benjamin  Franklin,  but  not  of  his  wife  (who 
his  mother  was  is  not  known),  and  was  born  about  the 
year  1730,  his  precise  age  being  left  in  doubt,  and 
apparently  for  a purpose.  Upon  the  marriage  of  his 
father  when  he  was  about  a year  old,  he  was  taken  to 
his  home,  and  brought  up  as  if  he  had  been  born  in 
wedlock.  His  father  had  but  one  other  son,  named 
Francis  Folger,  who  died  when  a little  more  than  four 
years  old.  William  was  carefully  educated,  aided  his 
father  in  his  philosophical  experiments,  and,  through 
his  influence,  was  at  an  early  age  appointed  clerk  of 
the  House  of  Assembly  of  Pennsylvania,  and  post- 
master at  Philadelphia. 

In  1756,  when  he  was  about  twenty  years  of  age, 
his  father  was  appointed  the  agent  for  Pennsylvania 
(and  afterwards  of  New  Jersey)  in  England ; and  the 
son  had  leave  from  the  Assembly  to  resign  his  office 
of  clerk,  that  he  might  accompany  him  to  London. 
Upon  his  arrival  there  he  entered  the  Middle  Temple, 
to  prepare  himself  for  practice  as  a lawyer  in  Phila- 
delphia, and  was  in  due  time  called  to  be  a barrister; 


WILLIAM  FRANKLIN. 


51 


afterward  he  received  from  the  University  of  Oxford 
the  honorary  degree  of  Master  of  Arts. 

Like  his  father,  he  became  the  parent  of  an  illegit- 
imate son,  born  about  1760,  and  named  William 
Temple  Franklin,  who  lived  with  his  grandfather  in 
London,  and  afterwards  in  France,  becoming  a great 
favorite  with  him,  and  as  such  remembered  in  his  will. 
In  1762,  William  Franklin,  who  had  ingratiated  him- 
self with  Lord  Bute,  then  the  principal  favorite  of  the 
king,  through  his  influence,  without  the  solicitation 
of  his  father,  was  appointed  Governor  of  the  Province 
of  New  Jersey,  an  office  then  much  sought  for.  The 
first  announcement  of  this  preferment  is  stated  to 
have  been  by  a paragraph  in  the  newspaper : “ This 
morning,  was  married  at  St.  George’s  Church,  Hano- 
ver Square,  William  Franklin,  Esq.,  the  newly  ap- 
pointed Governor  of  New  Jersey,  to  Miss  Elizabeth 
Downes,  of  St.  James’  Street.” 

Governor  Franklin  and  his  wife  arrived  in  the 
Delaware  River  in  February,  1763  ; and  reached 
Perth  Amboy  on  the  twenty-fourth  of  that  month. 
He  was  received  with  the  usual  demonstrations  of 
respect,  had  his  commission  publicly  read,  and  took 
the  oaths  of  office  there.  In  a few  days  he  proceeded 
to  Burlington,  and  published  his  commission  there, 
according  to  the  usual  custom.  These  two  places  had 
been  the  seats  of  the  separate  governments  of  East 
and  West  Jersey,  under  the  proprietors,  and  after  the 
two  were  united  by  the  surrender  to  the  Queen  in 
1702,  they  continued  down  to  the  Revolution  to  be 
alternately  the  places  at  which  the  legislatures  met, 
and  the  courts  of  the  province  were  held.  Congrat- 
ulatory addresses  were  made  to  him  from  all  quar- 
ters; and  in  June,  with  his  wife,  he  was  entertained 


52 


REMINISCENCES  OF  NEW  JERSEY. 


by  the  corporation  of  Elizabethtown.  He  soon  took 
his  residence  at  Burlington,  occupying,  during  a con- 
siderable part  of  his  time,  a house  situate  on  the 
beautiful  banks  of  the  river  there,  where  he  remained 
until  1774,  when  he  removed  his  residence  to  Perth 
Amboy. 

The  task  undertaken  by  a governor  of  one  of  the 
provinces  of  Great  Britain  was  one  of  great  difficulty. 
That  government  did  not  go  so  far  as  Spain  in  its 
suicidal  policy ; but  the  only  idea  the  king  and  his 
ministers  and  people  had  of  a colony,  was  that  it 
should  be  made  to  promote  the  real  or  supposed  in- 
terests of  the  mother  country.  The  welfare  of  the 
settlers,  if  regarded  at  all,  was  but  a secondary  con- 
sideration. Above  all,  they  were  expected  to  be  en- 
tirely subservient  to  the  prescriptions  of  the  ruling 
power,  and  to  dream  of  acting  for  themselves  was 
treason.  Where  there  was  a local  legislature,  as  in 
New  Jersey,  subject  to  the  absolute  veto  of  the 
crown,  and  the  assent  of  the  governor  was  a neces- 
sary prerequisite  to  the  enactment  of  a law,  it  was 
thought  necessary  to  restrain  him  from  the  exercise 
of  his  own  judgment,  by  the  most  precise  and  strin- 
gent instructions.  Every  measure,  thought  likely  to 
interfere  wTith  that  monopoly  of  trade  claimed  as  the 
absolute  right  of  the  British,  was  absolutely  prohib- 
ited. Even  many  of  the  offices  of  the  colony  were 
expected  to  be  sinecures  for  the  dependents  of  the 
ministry. 

A necessary  consequence  of  this  state  of  things 
was,  that  Franklin,  like  most  of  his  predecessors,  was 
engaged  in  a constant  warfare  with  the  Assembly 
elected  by  the  people  ; the  council  he  could  manage, 
their  appointments  being  at  his  disposal.  His  posi- 


WILLIAM  FRANKLIN. 


53 


tion  was  probably  very  different  from  what  he  had 
expected.  Very  soon  his  difficulties  were  greatly  in- 
creased by.the  persistent  attempt  of  the  king,  and 
his  ministers  and  parliament,  to  tax  the  people  of  the 
colonies,  without  the  consent  of  their  representatives, 
which  they  were  resolute  in  resisting.  He  seems  to 
have  been  an  amiable  man,  and  to  have  performed 
what  he  considered  his  duty,  with  so  much  forbear- 
ance and  good  temper  as  to  have  become  quite  as 
popular  as  any  governor,  who  did  not  absolutely 
repudiate  his  instructions,  could  be.  He  w'as  earnest 
in  his  endeavors  to  promote  the  welfare  of  the  prov- 
ince, by  recommending  and  encouraging  measures 
for  the  improvement  of  roads,  for  the  mitigation  of 
the  laws  relating  to  the  imprisonment  of  debtors,  and 
for  successful  agriculture.  He  purchased  and  im- 
proved a farm,  imported  from  England  agricultural 
implements,  and  collected  one  of  the  best  libraries  in 
the  province.  He  was  a handsome  and  very  agree- 
able man,  abounding  in  facetious  anecdote,  and  thus 
resembling  his  father.  That  father  continued  on  good 
terms  with  him  until  the  war  was  in  active  progress. 
In  1773,  he  wrote  to  him  from  London  : "I  only  wish 
you  to  act  uprightly  and  steadily,  avoiding  that  du- 
plicity which,  in  Hutchinson,  adds  contempt  to  indig- 
nation. If  you  can  promote  the  prosperity  of  your 
people,  and  leave  them  happier  than  you  found  them, 
whatever  your  political  principles  are,  your  memory 
will  be  honored.”  His  last  visit  to  him  was  after  he 
removed  to  Perth  Amboy  in  1774.  They  then  dis- 
cussed the  controversy  between  the  mother  country 
and  her  colonies.  They  were  far  from  agreeing. 
No  man  in  America  was  more  fully  resolved  upon 
resistance,  at  whatever  cost,  than  the  elder  Franklin. 


54 


REMINISCENCES  OF  NEW  JERSEY. 


The  son,  who  disapproved  the  earlier  measures  of  the 
British  ministry,  was  still  mindful  of  his  oath  as  a 
royal  governor;  and  remained  a thorough  govern- 
ment man,  deeming  the  opposition  of  the  colonists 
more  mad  than  the  measures  of  the  ministry.  They 
did  not  meet  again  until  the  lapse  of  ten  years.  The 
father,  after  the  governor’s  arrest,  sent  the  grandson 
to  Perth  Amboy,  to  aid  and  console  his  afflicted 
daughter-in-law,  and  a small  sum  of  money.  She 
returned  a grateful  letter  of  thanks  ; but  she  never 
again  saw  her  husband  or  her  father.  Dr.  Franklin 
felt  the  defection  of  his  son  from  the  cause  he  had 
himself  so  much  at  heart  very  keenly.  He  wrote, 
nine  years  later,  u that  nothing  had  ever  affected  him 
with  such  keen  sensitiveness,  as  to  find  himself  de- 
serted, in  his  old  age,  by  his  only  son ; and  not  only 
deserted,  but  to  find  him  taking  up  arms  against  him 
in  a cause  wherein  his  good  fame,  fortune,  and  life 
were  all  at  stake.” 

All  the  hopes,  no  doubt  for  several  years  fondly 
indulged  in  by  Governor  Franklin  of  the  final  success 
of  the  royal  cause,  were  doomed  to  disappointment. 
He  was  arrested  by  order  of  the  Provisional  Congress 
in  1776,  and  confined  as  a prisoner  of  war.  Had  he 
lived  a hundred  or  two  years  earlier,  he  would  prob- 
ably have  lost  his  head.  He  was  not  exchanged,  and 
in  that  way  released,  until  he  had  suffered  an  im- 
prisonment of  two  years  and  five  months.  In  the 
mean  time  his  library  was  burned  by  an  accidental 
fire ; and  his  wife,  who  is  represented  as  an  elegant 
woman,  amiable  and  intelligent,  died  in  New  York. 
He  took  up  his  residence  in  that  city,  remaining  there 
several  years,  aiding  the  royal  arms,  as  President  of 
the  Board  of  Associated  Royalists,  and  by  all  other 


WILLIAM  FRANKLIN. 


55 


means  in  his  power.  In  1782,  he  returned  to  Eng- 
land, after  a sojourn  in  America  of  twenty  years.  His 
son,  William  Temple,  remained  with  his  grandfather. 
Thus,  in  the  language  of  Parton,  “was  the  strange 
coincidence  made  complete : Dr.  Franklin  lost  his 
son  ; that  son  lost  his ; both  sons  were  born  just 
before# their  fathers’  marriage;  both  were  reared  and 
educated  in  disregard  of  that  circumstance ; both 
abandoned  their  fathers,  at  the  same  time  and  for 
the  same  cause ; afterwards  they  were  both  recon- 
ciled to  their  fathers,  at  about  the  same  time,  and 
in  about  the  same  imperfect  degree.” 

In  consideration  of  the  losses  he  had  sustained  by 
the  confiscation  of  his  property  and  otherwise,  the 
British  government  granted  to  him  eighteen  hundred 
pounds,  nearly  nine  thousand  dollars,  and  allowed 
him  a pension  of  nearly  four  thousand  dollars  a year, 
thus  placing  him,  in  a pecuniary  point  of  view,  in  a 
better  situation  than  if  he  had  remained  Governor  of 
New  Jersey.  He  afterwards  married  again,  an  Irish 
lady,  and  died  in  1813,  at  the  age  of  about  eighty- 
three.  He  left  no  legitimate  descendants.  His  son, 
William  Temple  Franklin,  resided  in  France,  wrote  a 
biography  of  his  grandfather,  and  died  in  1823,  at 
the  age  of  sixty-one. 

The  author  of  a work  published  in  London  in  1802, 
containing  biographical  notes  of  living  characters, 
who  professes  to  write  from  personal  observation,  says : 
“Governor  Franklin,  in  point  of  person,  is  above  the 
common  size,  with  the  eye  and  figure  of  a veteran. 
Although  subject  to  the  gout,  he  appears  to  be  strong 
and  athletic,  and  was  accounted  one  of  th6  handsomest 
men  in  America.  He  is  now  about  sixty-five  years 
of  age,  and  resembles  his  father  in  a variety  of  partic- 


56 


REMINISCENCES  OF  NEW  JERSEY. 


ulars.  Like  him  he  is  cheerful,  facetious,  admirably 
calculated  for  telling  a pleasing  story,  and  no  enemy 
to  social  converse,  hilarity,  and  the  pleasures  of  the 
table,  when  indulged  in  moderation.  Like  him,  too, 
he  makes  his  ablutions  every  morning,  and  is  equally 
partial  to  an  air  and  a water  bath.” 

William  Livingston.  The  first  Governor  of  New 
Jersey  under  the  Constitution  of  1776,  was  one  of  a 
family  for  many  years  very  distinguished  in  the  his- 
tory of  the  United  States,  which  of  late  years  has 
ceased  to  be  remarkable.  He  was  the  grandson  of 
Robert  Livingston,  whose  father  was  eminent  in  Scot- 
tish history,  as  a minister  of  the  Kirk.  After  the 
restoration  of  Charles  II.,  father  and  son  fled  to  Hol- 
land, and  from  there  Robert  came  to  America,  about 
the  year  1675,  and  in  1679  married  Alida,  the  widow 
of  Nicholas  van  Rensselaer,  and  resided  at  Albany. 
Having  made  large  purchases  of  land  from  the  Indians, 
the  manor  and  lordship  of  Livingston  was  granted 
to  him  in  1686,  and  confirmed  by  royal  authority  in 
1715.  It  was  the  second  largest  of  the  five  great 
manors  granted  in  the  province  of  New  York,  which 
in  later  days  have  been  so  fruitful  of  anti-rent  troubles, 
and  comprised  nearly  one  hundred  and  fifty  thou- 
sand acres  of  land,  commencing  about  five  miles 
south  of  the  present  city  of  Hudson,  running  twelve 
miles  along  the  east  bank  of  the  Hudson  River,  and 
extending  back  to  the  line  of  Massachusetts.  It 
was  somewhat  divided  at  an  early  period,  but  the 
greater  part  of  it  was  strictly  entailed  and  transmit- 
ted through  the  two  next  generations,  in  the  hands 
of  the  eldest  son  and  grandson.  Philip,  the  father  of 
William,  was  the  second  son  of  Robert ; but  the  elder 


WILLIAM  LIVINGSTON. 


57 


brother  having  died,  he  succeeded  to  the  manorial 
estate.  He  married  Catharine  van  Brugh,  of  a re- 
spectable Dutch  family,  at  Albany.  Their  son  Wil- 
liam was  the  fifth  child,  and  was  born  at  Albany  in 
the  year  1723.  In  1741  he  graduated  at  the  head  of 
his  class  at  Yale  College.  It  is  said  that  at  that  time, 
besides  himself  and  three  elder  brothers,  there  were 
only  six  persons  not  in  orders,  in  the  province  of 
New  York,  who  had  received  a collegiate  education. 
He  studied  law  with  James  Alexander,  at  that  time 
one  of  the  most  eminent  lawyers  in  the  city  of  New 
York,  who  was  distinguished  by  his  constant  ad- 
vocacy of  popular  rights  and  steady  opposition  to 
ministerial  assumptions.  In  a letter  to  his  father, 
dated  in  1744,  young  Livingston  says  : “ I have  re- 
ceived your  letter  of  November  21,  whereof  the  first 
two  lines  are,  ‘ I am  much  concerned  to  hear  that 
you  neglect  your  study,  and  are  abroad  most  every 
night/  As  to  neglecting  my  study,  I am  as  much  con- 
cerned to  hear  it  as  my  father,  having  read  the  great- 
est part  of  this  winter  till  twelve  and  two  o’clock  at 
night,  and  since  I have  had  a fire  in  my  room  have 
frequently  rose  at  five  in  the  morning  and  read 
by  candle-light,  of  which  I suppose  your  informer 
(whatever  ingenious  fellow  it  be)  was  ignorant,  as  it 
was  impossible  he  should  know  it  without  being  a 
wizard.  As  to  my  being  abroad  almost  every  night, 
I have  for  this  month  stayed  at  Mr.  Alexander’s  till 
eight  and  nine  o’clock  at  night,  and  shall  continue 
to  do  so  all  winter,  he  instructing  us  in  the  mathe- 
matics, which  is  indeed  being  abroad.” 

In  the  year  1745  he  married  Miss  Susanna  French, 
whose  father  had  been  a large  proprietor  of  land  in 
New  Jersey.  He  was  licensed  to  practice  law  in 


58 


REMINISCENCES  OF  NEW  JERSEY. 


1748,  and  soon  became  a prominent  member  of  the 
bar,  and  employed  in  most  of  the  important  legal 
controversies  of  that  day,  in  New  York  and  New 
Jersey.  In  1752  he  was  one  of  the  counsel  of  the 
defendants,  in  the  great  suit  in  chancery,  between 
the  proprietors  of  East  Jersey  and  some  of  the  set- 
tlers, which,  although  never  brought  to  a final  decis- 
ion, has  been  much  referred  to  in  reference  to  the 
title  to  a considerable  part  of  East  Jersey. 

He  was  brought  up  in  the  Reformed  Dutch  Church, 
and  engaged  earnestly  in  the  controversies  which 
arose  with  the  Episcopalian  party,  in  reference  to  an 
established  religion.  These  controversies,  in  which 
the  feelings  of  the  Congregationalists  and  Presby- 
terians became  so  strongly  excited,  had  much  to  do 
with  the  resistance  subsequently  made  to  the  attempt 
of  the  British  ministry  to  impose  taxes  on  the  Amer- 
ican Colonies,  and  resulted  in  their  unanimous  sup- 
port of  the  measures  adopted  for  that  purpose.  Liv- 
ingston engaged  earnestly  in  this  controversy,  and 
wrote  largely  on  the  subject.  He  was  fond  of  using 
his  pen,  and  was  distinguished  for  sarcastic  wit.  As 
early  as  1747  he  published  a poem  of  seven  hundred 
lines,  entitled,  " Philosophic  Solitude,”  which  has  since 
been  several  times  reprinted,  but  is  now  seldom  read. 
During  most  of  the  time  he  remained  in  New  York, 
he  wrote  extensively  on  the  political  subjects  of  the 
day,  and  published  a "Eulogy  on  the  Rev.  Aaron 
Burr”  and  various  poetical  effusions. 

In  1772,  when  he  had  arrived  to  the  age  of  nearly 
fifty  years,  he  removed  to  Elizabethtown,  in  the  vicin- 
ity of  which  he  had  purchased,  at  different  times, 
a tract  of  land  comprising  about  one  hundred  and 
twenty  acres,  and  which  he  had  improved  by  import- 


WILLIAM  LIVINGSTON. 


59 


in g and  setting  out  various  species  of  fruit-trees. 
After  his  removal,  he  erected  a new  house,  in  which 
he  placed  his  family  in  the  fall  of  1773,  and  made  it 
his  home,  except  while  obliged  to  be  absent  during 
the  war,  the  remainder  of  his  life.  This  place  was 
generally  known,  while  he  occupied  it,  as  Liberty 
Hall ; but  after  his  death,  it  became  the  property  of 
Mrs.  Niemsiwitz,  who  was  a Livingston  (his  cousin,  I 
believe),  the  widow,  first  of  Peter  Kean,  at  one  time 
cashier  of  the  Bank  of  the  United  States,  and  after- 
wards of  a Polish  nobleman,  a follower  of  Kosciusco, 
who  resided  for  a time  in  this  country,  and  was  then 
called  Ursino.  It  is  now  owned  by  John  Kean,  Esq., 
her  grandson. 

A statement  of  his  property,  drawn  up  at  this  time, 
valued  it  at  £8,512,  New  York  currency,  about  twenty- 
one  thousand  dollars,  esteemed  at  that  time  sufficient 
for  the  comfortable  support  of  a family.  A memo- 
randum he  afterwards  wrote  on  this  statement,  is  to 
this  effect:  “ The  sum  at  the  foot  of  this,  I was  worth 
when  I removed,  besides  leaving  behind  me  £2,000 
due  me  for  costs,  and  besides  the  land  left  me  by  my 
father.  As  I was  always  fond  of  a country  life,  and 
thought  that  at  that  time  I could  with  justice  to  my 
dear  children  go  into  the  country,  where  the  interest 
of  that  sum  would  more  than  maintain  me,  I ac- 
cordingly went  with  the  intention  to  lay  up  the  sur- 
plus for  their  use  ; but  so  it  has  fortuned,  by  the 
breaking  of  some  of  my  debtors,  and  by  others  pay- 
ing me  in  Continental  depreciated  money,  that  I have 
not  been  able  to  answer  that  agreeable  object;  and 
for  those  unforeseen  occurrences,  I hope  my  children 
will  not  blame  me,  having  not  spent  my  fortune  by 
extravagant  living,  but  have  lost  it  by  inevitable 
accident.” 


60 


REMINISCENCES  OF  NEW  JERSEY. 


As  he  had  been  admitted  to  the  bar  of  New  Jersey 
in  1755,  and  like  other  lawyers  in  the  adjoining  prov- 
inces, had  been  more  or  less  engaged  in  suits  here, 
he  still  continued  to  practice  his  profession  in  a few 
cases.  Before  his  removal  the  public  money  chest 
of  Stephen  Skinner,  treasurer  of  the  eastern  division, 
was  broken  open,  and  six  or  seven  thousand  pounds 
of  paper  and  coins  stolen.  A majority  of  the  As- 
sembly resolved  that  this  had  happened  through  the 
negligence  of  the  treasurer,  and  insisted  upon  the 
money  being  repaid  by  him.  Although  Governor 
Franklin  warmly  espoused  the  side  of  Skinner,  Liv- 
ingston was  consulted,  and  Skinner  having  after  much 
delay  resigned,  a new  treasurer  was  appointed  and  an 
action  brought  to  recover  the  missing  money.  The 
action  however  was  never  brought  to  a trial.  Skinner 
adhered  to  the  British,  and  all  his  New  Jersey  prop- 
erty was  confiscated  and  sold. 

Livingston  was  appointed  by  the  committee  which 
met  at  New  Brunswick  July,  1774,  a majority  of  whose 
members  were  also  members  of  Assembly,  a delegate 
to  the  Continental  Congress,  and  was  a member  of  the 
committee  of  that  body,  appointed  to  prepare  the 
address  to  the  people  of  Great  Britain.  He  joined  in 
signing  the  non-consumption  and  non-importation 
association,  and  faithfully  maintained  the  pledge. 
It  is  said  some  of  the  members  of  his  family  were 
accustomed  in  his  absence  to  drink  what  they  called 
a Strawberry  Tea,”  but  which  was  strongly  suspected 
to  be  the  genuine  Chinese  beverage.  In  January, 
1775,  he  was  reelected  delegate  to  the  Congress  by 
the  Assembly;  and  was  a very  constant  member  of 
the  most  important  committees.  He  was  a steady 
attendant,  and  was  reelected  a delegate  by  the  Pro- 


WILLIAM  LIVINGSTON. 


61 


vincial  Congress  in  February,  1776,  serving  with 
Adams,  Jefferson,  and  Lee  on  committees.  In  June, 
he  left  the  Congress  at  Philadelphia,  to  take  com- 
mand of  the  militia  of  New  Jersey  as  a brigadier- 
general,  to  which  he  had  been  some  time  before 
appointed  by  the  Provincial  Congress. 

He  was  among  those  — including,  as  is  well  known, 
many  of  the  most  determined  Whigs — who  doubted 
the  expediency  of  the  Declaration  of  Independence, 
at  the  time  it  was  made.  In  a letter  dated  in  Feb' 
ruary,  1778,  he  says  : “ As  to  the  policy  of  it,  1 then 
thought,  and  I have  found  no  reason  to  change  my 
sentiments  since,  that  if  we  could  not  maintain  our 
separation  without  the  assistance  of  France,  her 
alliance  ought  to  have  been  secured,  by  our  stipulation 
to  assert  it  on  that  condition.  This  would  have  forced 
her  out  into  open  day,  and  we  should  have  been 
certain  either  of  her  explicit  avowal,  or  of  the  folly 
of  our  dependency  upon  it.”  But  he  assumed  a prom- 
inent military  command,  although  he  had  no  mili- 
tary training  or  experience.  In  another  letter  he 
says:  u We  must  endeavor  to  make  the  best  of  every- 
thing. Whoever  draws  his  sword  against  his  prince, 
must  fling  away  the  scabbard.  We  have  passed  the 
Rubicon,  and  whoever  attempts  to  cross  it  will  be 
knocked  in  the  head,  by  the  one  or  the  other  party, 
on  the  opposite  banks.  We  cannot  recede,  nor  should 
1 wish  it  if  we  could.  Great  Britain  must  infallibly 
perish,  and  that  speedily,  by  her  own  corruption,  and 
1 never  loved  her  so  much,  as  to  wish  to  keep  her 
company  in  her  ruin.” 

In  October,  1775,  he  had  been  appointed  by  the 
Provincial  Congress  second  brigadier-general  of  the 
military  forces  of  the  colony,  General  Dickinson 


62 


REMINISCENCES  OF  NEW  JERSEY. 


being  his  senior.  On  the  twenty-first  day  of  June, 
1776,  it  was  resolved  that  the  President  write  to  Gen- 
eral Livingston  and  inform  him  that  it  is  the  desire 
of  Congress  that  he  would  take  the  command  of  the 
militia  destined  for  New  York.  This  he  hastened  to 
do,  having  his  head-quarters  at  Elizabethtown  point. 
His  family  were  soon  obliged  to  abandon  their  home, 
no  longer  a safe  residence,  and  during  the  next  three 
or  four  years,  they  resided  at  Parsipany.  He  was 
thus  prevented  from  taking  part  in  the  Declaration 
of  Independence.  If  he  had  remained  a delegate 
to  the  Continental  Congress,  and  been  directly  em- 
powered, as  those  designated  for  that  position  suc- 
ceeding him  were,  so  to  do,  he  would  no  doubt  have 
signed  that  instrument,  as  they  did.  It  appears  by  a 
letter  he  addressed  to  Samuel  Tucker  in  August,  that 
he  somewhat  resented  appointing  him  to  a command, 
which  he  says  he  plainly  refused,  instead  of  continuing 
him  a delegate  to  the  Congress. 

Resolute  however  in  answering  the  call  of  his  coun- 
try, even  by  accepting  a situation  for  which  he  had 
no  special  fitness  and  very  irksome  to  him,  he  dis- 
charged the  duties  thus  devolved  upon  him  with 
vigilance  and  ability.  In  a letter  written  in  July  to 
the  Congress  he  says : “ I must  acknowledge  to  you, 
that  I feel  myself  unequal  to  the  present  important 
command,  and  therefore  wish  for  every  assistance  in 
my  power.”  And  in  August  he  wrote  to  a Congress- 
man at  Philadelphia  : “ I received  yours  of  yesterday’s 
date,  just  after  I had  got  into  my  new  habitation, 
which  is  a marquee  tent  in  our  encampment.  You 
would  really  be  astonished  to  see  how  grand  I look, 
while  at  the  same  time  I can  assure  you  I was  never 
more  sensible  (to  use  a New  England  phrase)  of  my 


WILLIAM  LIVINGSTON. 


63 


own  nothingness  in  military  affairs.  I removed  my 
quarters  from  the  town  hither  to  be  with  the  men, 
and  to  inure  them  to  discipline,  which  by  my  distance 
from  the  camp  before,  considering  what  scurvy  sub- 
altern officers  we  are  ever  like  to  have,  while  they 
are  in  the  appointment  of  the  mobility,  I found  it  im- 
possible to  introduce.  My  ancient  corporal  fabric  is 
almost  tottering  under  the  fatigue  I have  lately  under- 
gone, constantly  rising  at  two  o’clock  in  the  morning, 
to  examine  our  lines,  which  are  — and  very  extensive, 
till  daybreak,  and  from  that  time  till  eleven,  in  giving 
orders,  sending  dispatches,  and  doing  the  proper  busi- 
ness of  quartermasters,  colonels,  commissaries,  and  I 
know  not  what.” 

He  was  soon  relieved  from  his  military  command, 
and  placed  in  a situation  more  conspicuous  and  more 
important,  and  to  which,  by  all  the  habits  of  his  life, 
he  was  better  fitted.  The  first  legislature  under  the 
new  constitution  assembled  at  Princeton,  and  on 
the  27th  of  August,  1776,  the  joint  meeting  pro- 
ceeded to  elect  a governor.  The  vote  was  by  a 
secret  ballot,  and  at  first  there  was  a tie  between 
him  and  Richard . Stockton.  On  the  next  day,  prob- 
ably in  pursuance  of  a previous  arrangement,  Liv- 
ingston was  elected  governor,  and  Stockton  chief 
justice  of  the  supreme  court.  Livingston  accepted 
the  trust,  but  Stockton  declined.  As  the  State  had 
no  seal,  it  was  resolved  that  the  seal  >at  arms  of  his 
Excellency  William  Livingston,  should  be  deemed 
taken  and  used,  as  the  great  seal  of  the  State,  until 
another  could  be  procured.  In  a short  time  a great 
seal  of  silver  was  engraved  in  Philadelphia,  having 
the  devices  still  in  use,  and  was  lettered,  “ The  great 
seal  of  the  State  of  New  Jersey,” -the  word  colony 
used  in  the  constitution  being  entirely  discarded. 


64 


REMINISCENCES  OF  NEW  JERSEY. 


On  the  thirteenth  of  September,  the  governor  made 
an  address  to  the  two  Houses,  in  which  he  says : 
“ Considering  how  long  the  hand  of  oppression  had 
been  stretched  out  against  us ; how  long  the  system 
of  despotism,  concerted  for  our  ruin,  had  been  in- 
sidiously pursued,  and  was  at  length  attempted  to 
be  enforced  by  the  violence  of  war;  reason  and  con- 
science must  have  approved  the  measure  had  we 
sooner  abjured  that  allegiance  from  which,  not  only 
by  a denial  of  protection,  but  the  hostile  assault  on 
our  persons  and  properties,  we  were  clearly  absolved. 
That  being  thus  constrained  to  assert  our  own  in- 
dependence, the  late  representatives  of  the  colony 
of  New  Jersey  in  Congress  assembled,  did,  in  pur- 
suance of  the  advice  of  the  Continental  Congress, 
the  supreme  council  of  the  American  colonies,  agree 
upon  the  form  of  a constitution  which,  by  tacit  ‘con- 
sent and  open  approbation,  hath  since  received  the 
consent  and  concurrence  of  the  good  people  of  the 
State ; and  agreeably  to  this  constitution,  a legis- 
lative council  and  assembly  have  been  chosen,  and 
also  a governor.  Let  us  then,  as  it  is  our  indispen- 
sable duty,  make  it  our  invariable  aim  to  exhibit  to 
our  constituents  the  brightest  examples  of  a disin- 
terested love  for  the  common  weal ; let  us  both  by 
precept  and  example,  encourage  a spirit  of  economy, 
industry,  and  patriotism,  and  that  public  integrity 
and  righteousness  that  cannot  fail  to  exalt  a nation  ; 
setting  our  faces  at  the  same  time  like  a flint  against 
that  dissoluteness  of  manner  and  political  corruption, 
that  will  ever  be  the  reproach  of  any  people.  May 
the  foundation  of  an  infant  State  be  laid  in  virtue 
and  the  fear  of  God,  and  the  superstructure  will  rise 
glorious  and  endure  for  ages.  Then  may  we  humbly 


WILLIAM  LIVINGSTON. 


65 


expect  the  blessings  of  the  Most  High,  who  divides 
to  the  nations  their  inheritance  and  separates  the 
sons  of  Adam.” 

An  expression  in  this  address,  it  is  said,  occasioned 
the  governor  to  be  known  for  a time  by  the  name 
of  “ Doctor  Flint.”  He  was  reelected  the  governor, 
from  year  to  year,  with  occasionally  slight  opposition, 
as  long  as  he  lived;  and  with  an  interregnum  from 
August  31  to  November  1,  1777, — during  which 
time  there  was  no  governor,  growing  out  of  the  fact 
that  his  term  of  office  was  one  year,  and  the  second 
legislature  under  the  constitution  did  not  meet  until 
two  months  after  his  first  term  expired,  — he  held 
the  office  of  governor  and  chancellor  of  the  State 
nearly  fourteen  years. 

His  task,  especially  during  the  first  two  years  of 
his  service  as  governor,  was  most  difficult  and  dan- 
gerous. The  State  was  in  every  part  of  it  more  ex- 
posed, and  suffered  more  from  military  operations 
than  any  other.  Within  a few  months  after  his  in- 
auguration, the  upper  part  of  it  was  occupied  by  the 
enemy,  and  until  the  happy  turn  of  affairs,  occasioned 
by  the  victories  at  Trenton  and  Princeton,  during 
the  winter  of  1776-77,  everything  was  in  jeopardy. 
Many  who  had  been  prominent  in  all  the  prepara- 
tions of  resistance  despaired  of  success,  and  took 
protections  from  the  British  officers.  The  legislature 
was  obliged  to  meet  sometimes  at  Trenton,  and  then 
at  Princeton,  at  Pittstown,  in  Hunterdon  Count}7,  and 
at  Haddonfield,  and  during  several  years  occasioned 
much  inconvenience  by  moving  from  place  to  place, 
sometimes  for  no  better  reason  than  because  the 
members  thought  the  charges  for  board  were  too 
high.  The  governor  stood  firm,  and  was  unremitting 

5 


66 


REMINISCENCES  OF  NEW  JERSEY. 


in  his  efforts  to  procure  the  passage  of  efficient  mil- 
itia laws,  and  in  otherwise  organizing  a new  govern- 
ment. 

One  of  the  first  laws  enacted  by  the  new  legis- 
lature, September  19,  1776,  for  the  security  of  the 
government  of  New  Jersey,  required  every  officer, 
civil  and  military,  then  in  office  or  thereafter  to  be 
appointed,  to  take  an  oath  or  affirmation  that  he  did 
not  hold  himself  bound  to  bear  allegiance  to  the 
king  of  Great  Britain,  and  that  he  did  and  would 
bear  true  faith  and  allegiance  to  the  government 
established  in  this  State  under  the  authority  of  the 
people ; and  provision  was  made  in  this  and  subse- 
quent acts  for  requiring  jurors  and  voters  and  all 
others,  under  heavy  penalties,  to  take  the  same  oaths. 
An  act  was  also  passed  to  punish  traitors  and  disaf- 
fected persons,  which  defined  the  crime  of  treason, 
and  prescribed  a punishment  by  fine  and  imprison- 
ment against  all  persons  who  should  by  speech,  writ- 
ing, open  deed  or  act,  maintain  and  defend  the  au- 
thority, jurisdiction,  or  power  of  the  king  or  parlia- 
ment of  Great  Britain. 

The  Assembly  convened  at  Burlington  on  the  thir- 
teenth day  of  November,  and  passed  one  law,  but  on 
the  second  day  of  December,  they  dispersed  without 
fixing  upon  any  place  of  future  meeting.  But  on 
the  twenty-second  day  of  the  ensuing  January,  they 
assembled  on  the  call  of  the  speaker,  at  Haddonfield, 
and  continued  in  session  there  until  the  middle  of 
March.  Here  a law  was  passed,  that  a dollar  in  silver 
or  in  the  paper  bills  of  Congress,  should  be  equal  to 
and  pass  for  seven  shillings  and  sixpence.  And  what 
was  still  more  important,  an  act  was  passed,  tem- 
porary in  its  duration,  but  extended  from  time  to 


WILLIAM  LIVINGSTON. 


67 


time,  constituting  a committee  of  safety,  consisting 
of  twenty-three  persons,  — the  governor  or  vice-pres- 
ident being  one,  — and  declaring  them  to  be  a board 
of  justices  in  criminal  matters,  and  with  power  to 
fill  up  vacant  military  offices ; to  apprehend  disaf- 
fected persons,  and  commit  them  to  jail  without  bail 
or  mainprise,  and  to  remove  them  from  jail  to  jail; 
to  call  out  the  militia  to  carry  out  their  orders ; to 
send  the  wives  and  children  of  fugitives  with  the 
enemy,  into  the  enemy’s  lines;  to  cause  offenders  to 
be  tried  in  any  county  of  the  State ; to  cause  persons 
refusing  to  take  the  oaths  to  government  to  be  com- 
mitted to  jail,  or  to  send  them,  if  willing,  into  the 
enemy’s  lines ; .to  make  any  house  or  room  a legal 
jail ; to  negotiate  exchanges ; disarm  the  disaffected, 
etc.  This  committee  was  of  special  importance  during 
the  two  months  while  there  was  no  governor. 

- It  could  not  be  otherwise  than  that  the  governor 
of  a State,  situated  as  New  Jersey  was  at  this  time, 
should  be  subject  to  constant  alarm  and  danger.  He 
was  determined  in  his  hostility  to  those  who  em- 
braced the  cause  of  the  enemy,  and  recommended 
and  enforced  the  strongest  measures  against  them, 
thereby  of  course  exciting  their  bitter  hostility.  A 
letter  from  one  of  his  daughters,  dated  in  November, 

1777,  says:  “K has  been  to  Elizabethtown; 

found  our  house  in  a most  ruinous  situation.  General 
Dickenson  (an  American  general)  had  stationed  a 
captain  with  his  artillery  company  in  it,  and  after 

that  it  was  kept  for  a bullocks’  guard.  K waited 

on  the  general,  and  he  ordered  the  troops  removed 
the  next  day,  but  then  the  mischief  was  done ; every- 
thing is  carried  off  that  mamma  had  collected  for  her 
accommodation,  so  that  it  is  impossible  for  her  to  go 


68 


REMINISCENCES  OF  NEW  JERSEY. 


down  to  have  the  grapes  and  other  things  secured ; 
the  very  hinges,  locks,  and  panes  of  glass  are  taken 
away.” 

“ Rivington’s  Gazette,”  the  organ  of  the  British 
party  in  New  York,  was  very  bitter  in  its  denuncia- 
tions of  Livingston.  He  is  called  the  “ Spurious  Gov- 
ernor,” “ Don  Quixote  of  the  Jerseys,”  “ Despot  in 
chief  in  and  over  the  rising  State  of  New  Jersey,  ex- 
traordinary Chancellor  of  the  same,”  “ Knight  of  the 
most  honorable  order  of  starvation,  and  chief  of  the 
Independents.”  “If  Rivington  is  taken,”  he  wrote 
in  1780,  “ I must  have  one  of  his  ears  ; Governor 
Clinton  is  entitled  to  the  other;  and  General  Wash- 
ington, if  he  pleases,  may  take  his  head.” 

To  counteract  in  some  measure  the  influence  of  the 
royal  gazette,  a paper  was  commenced  in  December, 
printed  by  Isaac  Collins,  sometimes  at  Trenton  and 
sometimes  at  Burlington,  called  the  “New  Jersey  Ga- 
zette.” This  paper  was  continued  mostly  through  the 
war,  and  was  essentially  aided  by  the  governor,  who 
contributed  many  articles,  which  attracted  much 
attention,  and  were  of  important  service.  Some  of 
them  were  afterwards  reprinted  by  Carey  in  his 
“ American  Museum.” 

Popular  as  Livingston  evidently  was,  he  did  not 
escape  personal  hostility  and  bitter  opposition.  On 
the  27th  of  October,  1779,  just  before  his  reelection 
by  the  joint  meeting,  a virulent  attack  upon  him  not 
by  name  but  by  plain  allusions,  appeared  in  Collins’ 
gazette  over  the  signature  of  a Cincinnatus.”  The 
council  on  the  next  day  passed  the  following  reso- 
lutions by  a large  majority,  and  sent  it  to  the  As- 
sembly for  concurrence : — 

“ Whereas,  by  a late  publication,  inserted  in  the  ‘New  Jersey 


WILLIAM  LIVINGSTON. 


69 


Gazette,’  called,  ‘ Hints  humbly  offered  to  the  consideration  of  the 
legislature  of  New  Jersey,  in  the  future  choice  of  a governor, 
signed  ‘ Cincinnatus,’  being  apparently  designed  to  have  an  undue 
influence  in  the  ensuing  election-  of  a governor  of  this  State,  and 
though  in  an  ironical  way,  fully  and  clearly  implies,  not  only  a slur 
upon  the  seminary  of  learning  in  this  State,  and  the  president  and 
tutors  thereof,  but  also  a tacit  charge  against  the  legislature  of  this 
State,  as  being  greatly  deficient  in  point  of  integrity  or  ability  and 
judgment,  in  the  choice  of  a governor,  and  an  express  declaration 
against  our  excellent  constitution  ; and  also  an  unjust,  false,  and 
cruel  defamation  and  aspersion  of  his  excellency  the  governor  ; all 
which  evidently  tends  to  disturb  the  peace  of  the  inhabitants  and 
promote  discord  and  confusion  in  the  State,  and  to  encourage  those 
who  are  disaffected  to  the  present  government ; and  notwithstand- 
ing the  freedom  of  the  press  ought  to  be  tolerated  as  far  as  is  con- 
sistent with  the  good  of  the  people  and  the  security  of  the  govern- 
ment established  under  their  authority  ; yet  good  policy  as  well  as 
justice  require  that  those  who  speak  anything  that  directly  tends  to 
encourage  the  enemy  and  disaffected,  and  to  discourage  or  disquiet 
the  minds  of  the  good  people  of  this  State,  ought  to  be  detected 
and  brought  to  such  punishment  as  may  be  agreeable  to  law  and 
justice ; therefore,  Resolved,  that  Isaac  Collins  be  required  imme- 
diately to  inform  the  legislature  of  this  State,  who  is  the  author  of 
the  abovesaid  publication,  and  at  whose  request  the  same  was  pub- 
lished.” 

This  resolution  was  negatived  in  the  Assembly  by 
seventeen  nays  to  eleven  yeas.  On  the  next  day, 
however,  the  council  “ Resolved,  that  Isaac  Collins  be 
required  immediately  to  inform  the  council  who  the 
author  of  the  publication  inserted  in  the  4 New  Jersey 
Gazette/  No.  96,  under  the  signature  of 4 Cincinnatus  * 
is,  and  at  whose  request  the  same  was  published.” 
A copy  of  this  resolution  was  served  on  Collins,  but 
he  declined  making  any  answer.  On  the  thirtieth 
the  joint  meeting  reelected  Livingston  governor,  by 
a vote  of  twenty-nine  in  his  favor,  against  nine  votes 
for  Philemon  Dickinson. 

In  consequence  of  this  proceeding  Livingston 


70 


REMINISCENCES  OF  NEW  JERSEY. 


ceased  for  some  time  to  write  for  the  “ Gazette  ” ; but 
afterwards  the  breach  was  healed,  and  he  continued 
his  contributions.  It  is  said  by  Sedgewick  in  his 
valuable  and  full  memoir  of  Livingston,  that  he 
ceased  for  some  time  to  write  for  the  newspapers  in 
consequence  of  the  remonstrances  of  some  of  the 
members  of  the  legislature,  who  considered  such  an 
employment  rather  undignified  for  his  excellency 
the  governor  of  a State.  This  is  quite  probable, 
especially  as  some  of  his  articles  may  have  been 
deemed  rather  personal  to  them.  One  of  them  pur- 
ported to  state  what  the  writer  “ had  seen  and  had 
not  seen ; ” and  bore  with  much  severity  on  some  of 
the  legislative  proceedings.  Another  article,  entitled 
“ Strictures  of  Liliput,”  not  published,  however,  until 
after  the  peace,  is  so  plainly  leveled  at  the  proceed- 
ings of  the  legislature  of  New  Jersey,  as  to  be  worth 
perusal.  It  was  republished  in  Carey’s  “Museum”  for 
May,  1791. 

Of  the  date  of  9th  of  October,  1778,  he  wrote  to 
Laurens : — 

“ Our  assembly  being  dissolved  by  the  constitution,  and  the  act 
constituting  our  council  of  safety  expired  by  its  own  limitation,  I 
stand  some  chance  of  seeing  my  family  at  last,  and  perhaps  the 
devil  and  the  Tories  may  so  manage  their  cards  at  the  ensuing 
election  that  I may  have  no  avocation  to  leave  it  in  future. 

“Your  Excellency  has  by  this  time  seen  (the  last,  I know  not 
whether  I can  say,  considering  that  some  people  make  more  dying 
speeches  than  one)  but  the  second  dying  speech  of  the  British  com- 
missioners. Does  not  the  very  pomposity  of  the  vellum,  and  the 
grandeur  of  the  types  and  margin,  strongly  operate  towards  your 
conversion  ? No  ! well,  I am  sure  the  matter  will  not. 

“ Thanks  to  their  excellencies,  however,  for  the  quantity  of  waste 
paper  with  which  they  have  furnished  me,  under  the  denominations 
of  proclamations,  and  the  excellent  tape  which  surrounded  the 
packets,  of  both  of  which  I stood  in  most  lamentable  need.  Con- 


WILLIAM  LIVINGSTON. 


71 


ceiving  that  they  would  afford  very  little  edification  to  the  several 
bodies  in  this  State,  civil,  military,  and  ecclesiastical,  to  which  they 
were  directed,  I have  made  prize  of  almost  the  whole  cargo,  with- 
out any  lawful  condemnation  of  the  admiralty,  with  felonious  intent 
to  convert  them  to  my  own  private  use.  His  Majesty’s  arms,  how- 
ever (having  in  days  of  yore  .heard  so  much  about  the  Lord’s 
anointed),  I shall  carefully  separate  from  the  rest  of  the  sheet,  and 
apply  to  the  embellishment  of  my  little  grandson’s  kite.  And  O ! 
for  the  vellum  original,  signed  and  sealed  with  their  excellencies’ 
own  proper  hands  and  seals : I’ll  certainly  lay  it  up  in  lavender, 
that  if  I am  hanged  at  last,  my  latest  posterity  may  know  that  it 
was  through  downright  love  of  hanging,  after  having  refused  so 
gracious  and  unmerited  a pardon  on  repentance,  with  so  grim  frown- 
ing a lion  at  the  top,  denouncing  the  royal  vengeance  in  case  of 
contumacy.” 

Governor  Livingston’s  peculiar  fitness  for  the  sta- 
tion in  which  he  was  placed,  was  shown  in  the  circum- 
stance, very  evident  in  the  correspondence  between 
them,  that  he  had  the  most  implicit  confidence  in 
General  Washington.  General  Hamilton,  while  an 
aid  of  the  latter,  remarked  in  a playful  letter  to  one 
of  Livingston’s  daughters,  refusing  her  application  to 
obtain  leave  for  some  of  her  lady  friends,  residing  in 
New  York,  to  pass  a short  time  with  her  in  New 
Jersey,  most  truly:  “I  shall  therefore  only  tell  you, 
that  whether  the  Governor  and  the  General  are  more 
honest,  or  more  perverse  than  other  people,  they 
have  a very  odd  knack  of  thinking  alike ; and  it 
happened  in  the  present  case,  that  they  both  equally 
disapprove  the  intercourse  you  mention,  and  have 
taken  pains  to  discourage  it.” 

He  was  frequently  appealed  to,  in  regard  to  the 
enforcement  of  the  laws  of  the  State,  making  the 
Continental  money  a legal  tender,  and  of  course  did 
so  in  all  his  official  acts;  but  he  always  opposed  the 
passage  of  such  laws,  and  would  not  avail  himself 


72 


REMINISCENCES  OF  NEW  JERSEY. 


of  them  in  his  own  favor.  He  writes : “ No  acts  of 
Assembly  have  hitherto  been  able  to  reconcile  me  to 
cheating  according  to  law,  or  convince  me  that  hu- 
man legislation  can  alter  the  immutable  duties  of  mo- 
rality.” His  strictures  of  Liliput  were  evidently  writ- 
ten to  disparage  all  such  laws.  He  was  also  addicted 
to  versifying,  and  wrote,  — 

“For  useless  a house-door,  e’en  if  he  would  lock  it. 

When  any  insolvent  legislative  brother 
Can  legally  enter  into  a man’s  pocket, 

And  preamble  all  his  cash  into  another.” 

As  soon  as  peace  was  proclaimed,  he  left  Trenton, 
where  he  had  resided  for  three  years,  and  returned 
to  his  house  at  Elizabethtown,  rejoiced  to  be  again 
able  to  relinquish  his  wandering  life,  enter  again  his 
deserted  library,  and  employ  some  of  his  leisure  in 
the  superintendence  of  his  garden  and  orchards.  In 
a letter  to  his  wife,  dated  in  1783,  he  had  said  : — 

“ As  to  your  opinion  about  disposing  of  our  place  at  Elizabeth- 
town, I cannot  think  that  I am  under  any  necessity  of  doing  it, 
because,  though  I have  greatly  suffered  by  the  war,  I have  good 
estate  left,  if  1 can  but  get  the  time  to  put  it  in  order.  However, 
anything  that  may  appear  most  advantageous  to  my  children,  I 
would  readily  consent  to,  especially  for  the  sake  of  my  two  un- 
married daughters,  whom  I am  determined  not  to  leave  to  the  mercy 
of  an  unfeeling  world.  But  as  to  hiring  a place,  I should  not  like 
it,  because  in  that  case,  if  I should  die  before  you,  you  would  be  at 
the  mercy  of  a landlord,  without  a house  of  your  own  to  put  your 
head  in.” 

In  a letter  to  the  speaker  of  the  Assembly,  in 
1781,  he  had  written:  — 

“On  being  elected  to  the  government  in  October,  1780,1  in- 
formed the  then  Assembly,  by  letter  to  the  speaker,  after  having 
pointed  out  how  greatly  I had  suffered  in  the  payment  of  my 
salary  by  the  depreciation  of  the  money,  that  I accepted  the  ap- 
pointment for  the  then  ending  year,  in  confidence  that,  whatever 


WILLIAM  LIVINGSTON. 


73 


the  salary  might  be,  the  honorable  house  would  make  it  good.  As 
I never  received  any  answer  to  the  terms  of  the  acceptance,  I had 
reason  to  conclude  that  this  silence  evinced  their  acquiescence  ; and 
as  our  legislatures  are  annual,  unless  each  succeeding  one  thinks 
itself  bound  by  the  engagements  of  its  predecessors,  it  is  certain 
that  all  faith  in  government  must  necessarily  be  annihilated.  And, 
indeed,  had  I made  no  intimation  whatever  on  the  subject,  I can- 
not presume  that  the  present  legislature  would  think  it  reasonable 
that  I should  be  paid  the  nominal  sum  stipulated,  without  any 
allowance  for  the  depreciation  of  the  money,  which  would  in  effect 
amount  to  a declaration  that  my  services  were  not  worth  above  four 
hundred  pounds  a year,  and  that  such  salary  was  a sufficient  sup- 
port for  any  creditable  family.” 

The  sum  of  £300,  in  state  lawful  money,  less  de- 
preciated than  the  Continental  money,  was  added  to 
his  salary  ; but  altogether  his  salary  and  perquisites 
did  not  exceed  one  thousand  dollars  in  specie. 

In  June,  1785,  he  was  appointed  by  Congress  to  be 
our  minister  at  the  court  of  Holland,  and  for  several 
reasons  was  at  first  disposed  to  accept  it;  but  event- 
ually declined.  In  1786  he  became  a member  of  the 
society  in  New  York  for  promoting  the  emancipation 
of  slaves;  and  himself  emancipated  the  two  slaves 
he  owned,  resolving  never  to  own  another. 

He  was  naturally  much  alarmed,  as  so  many  of  the 
best  and  most  ardent  patriots  of  the  nation  were,  for 
several  years  after  the  peace,  at  the  gloomy  prospect 
of  our  national  affairs.  In  a letter  of  1787,  he  says: 
“ Our  situation,  sir,  is  truly  deplorable,  and  without  a 
speedy  alteration  of  measures,  I doubt  whether  you 
and  I shall  survive  the  existence  of  that  liberty,  for 
which  we  have  so  strenuously  contended.”  In  May, 
1787,  he  was  appointed  by  the  legislature  one  of  the 
delegates  to  the  convention  assembled  to  form  a con- 
stitution for  the  United  States,  which  so  happily  suc- 
ceeded. He  took  his  seat  early  in  June,  and  was  a 


74 


REMINISCENCES  OF  NEW  JERSEY. 


very  constant  attendant  on  its  deliberations.  Mr. 
Madison  says  in  a letter  on  this  subject : — 

“ Mr.  Livingston  did  not  take  his  seat  in  the  convention  till  some 
progress  had  been  made  in  the  task  committed  to  it,  and  he  did 
not  take  any  active  part  in  the  debates  ; but  he  was  placed  on  im- 
portant committees,  where  it  may  be  presumed  he  had  an  agency 
and  a due  influence.  He  was  personally  unknown  to  many,  per- 
haps most  of  the  members  ; but  there  was  a predisposition  in  all  to 
manifest  the  respect  due  to  the  celebrity  of  his  name.  The  votes  of 
New  Jersey  corresponded  generally  with  the  plan  offered  by  Mr. 
Paterson,  but  the  main  object  of  that  being  to  secure  to  the  smaller 
States  an  equality  with  the  larger,  in  the  structure  of  the  govern- 
ment, in  opposition  to  the  outline  previously  introduced,  which  had 
a reverse  object,  it  is  difficult  to  say  what  was  the  degree  of  power 
to  which  there  might  be  an  abstract  leaning.  The  two  subjects,  the 
structure  of  the  government  and  the  quantum  of  power  for  it,  were 
more  or  less  inseparable  in  the  minds  of  all.’, 

He  was  among  those  who  affixed  his  name  to  the 
draft  finally  agreed  upon,  and  was  a decided  advocate 
of  its  ratification. 

In  his  message  to  the  legislature  in  August,  1788, 
he  says : — 

“ I most  heartily  congratulate  you,  gentlemen,  on  the  adoption  of 
the  Constitution  proposed  for  the  government  of  the  United  States, 
by  the  federal  convention,  and  it  gives  me  inexpressible  pleasure 
that  New  Jersey  has  the  honor  of  so  early  and  so  unanimously 
agreeing  to  that  form  of  national  government,  which  has  since  been 
so  generally  applauded  and  approved  of  by  the  other  States.  We 
are  now  arrived  to  that  auspicious  period,  which,  I confess,  I have 
often  wished  that  it  might  please  Heaven  to  protract  my  life  to 
see.  Thanks  to  God,  that  I have  lived  to  see  it.” 

The  faculty  of  Yale  College,  in  1788,  conferred  on 
him  the  degree  of  LL.  D.  The  next  year,  he  had 
the  misfortune  to  lose  his  wife,  with  whom  he  had 
lived  happily  forty-five  years.  On  the  twenty-fifth 
day  of  June,  1790,  he  died  himself.  He  had  thirteen 
children,  of  whom  six  died  before  him.  One  son, 


WILLIAM  LIVINGSTON. 


75 


Brockholst  Livingston,  became  a distinguished  law- 
yer in  New  York,  was  several  years  one  of  the  judges 
of  the  supreme  court  of  that  State,  and  from  1807 
until  his  death  in  1823,  one  of  the  justices  of  the 
supreme  court  of  the  United  States. 

The  Rev.  Dr.  McWhorter  of  Newark,  at  his  funeral, 
spoke  of  him  as  follows  : — 

“ Our  governor  was  a person  of  inflexible  uprightness  and  the 
strictest  honesty  ; an  eminent  example  of  virtue  in  his  life  and  con- 
versation, as  well  as  fixed  and  unshaken  in  his  Christian  principles. 
His  religion  partook  not  in  the  least  of  any  deistic  complexion, 
which  is  too  prevalent  among  the  greatest  of  our  day.  After  the 
fullest  investigation  of  the  subject,  he  rested  in  the  certain  convic- 
tion of  the  divinity  of  Christianity.  He  obeyed  its  precepts,  and 
experienced  its  power. 

“ It  is  no  uncommon  loss  that  we  this  day  mourn,  therefore  no 
common  sorrow  can  be  adequate  to  the  gloomy,  the  dark  and  awful 
occasion.  It  is  not  a single  family  that  this  day  mourns.  It  is  not  a 
single  society,  town,  or  county,  but  our  whole  land  feels  the  stroke, 
and  our  bereaved  State  is  most  sensibly  affected.  The  head,  the 
guide,  the  director,  and  he  who  held  the  helm  of  our  government, 
is  no  more.” 

It  was  certainly  a most  happy  Providence  that 
gave  to  New  Jersey,  during  the  trying  time  of  the 
Revolution,  and  for  several  following  years,  a gov- 
ernor so  well  fitted  by  his  character  and  acquire- 
ments, not  only  to  inspire  the  people  with  courage 
and  perseverance,  and  to  cooperate  heartily  with 
Washington,  during  all  the  changes  of  a war  to  which 
they  were  especially  exposed,  but  to  guide  the  legis- 
lature in  the  inauguration  of  a new  and  untried 
system  of  government.  Chosen  but  for  a single  year, 
it  was  important  to  have  a man  of  sufficient  popu- 
larity to  secure  a reelection  in  spite  of  the  cavils  of 
those  whose  plans  he  found  it  necessary  to  oppose. 
With  but  the  smallest  amount  of  power  or  patronage, 


76 


REMINISCENCES  OF  NEW  JERSEY. 


and  besides  his  important  judicial  functions  as  chan- 
cellor and  ordinary,  being  only  the  presiding  officer 
of  the  legislative  council,  with  only  a casting  vote,  it 
was  equally  important  to  have  a man  of  decided  re- 
publican principles  and  of  sound  legal  attainments, 
that  he  might  exercise  a salutary  influence  over  legis- 
lation, so  liable  to  take  a wrong  direction.  All  these 
qualities  were  combined  in  Livingston ; and  although 
his  writings  show  how  much  he  was  dissatisfied  with 
those  legislative  measures  which  interfered  so  wrong- 
fully  between  debtor  and  creditor,  it  is  evident  from 
an  inspection  of  the  statutes,  enacted  while  he  was 
governor,  that  many  of  the  most  important  of  them 
were  drawn  by  him,  or  underwent  his  careful  revision. 
And  it  was  fortunate,  too,  that  he  was  succeeded  by 
an  equally  well-informed  and  able  lawyer ; and  that 
thus  it  has  happened  that  no  State  of  the  Union 
started  in  the  career  of  independent  sovereignty 
with  a code  of  laws  so  nearly  perfect,  and  so  well 
adapted  to  secure  to  the  people  vigorous  and  safe 
progress ; and  an  administration  of  justice,  pure  and 
enlightened,  upon  which  the  suspicion  of  a corrupt 
taint  has  never  fallen. 


CHAPTER  IV. 


GOVERNORS  AFTER  THE  WAR  FOR  INDEPENDENCE. 
WILLIAM  PATERSON.  RICHARD  HOWELL. 


ILLIAM  PATERSON,  Governor  from'  1790  to 


1793,  was  a native  of  the  north  of  Ireland, 
from  whence  he  came  with  his  father  in  the  year 
1747,  when  he  was  about  two  years  old.  They  lived 
at  Trentown,  as  the  place  was  then  called,  at  Prince- 
town,  and  finally  at  Raritan,  now  Somerville,  where 
his  father  died  in  1781.  William  graduated  at 
Princeton  in  1763,  and  then  studied  law  with  Rich- 
ard Stockton,  one  of  the  signers  of  the  Declaration 
of  Independence,  Jonathan  Dickerson  Serjeant  being 
a fellow  student.  He  received  his  license  as  an  at- 
torney in  1769,  and  settled  for  a short  time  in  Hun- 
terdon County,  at  a place  then  called  New  Bromley. 
He  passed,  however,  some  part  of  his  time  with  his 
father  at  Princeton,  and  took  a part  with  him  and 
his  brother  in  mercantile  business. 

In  1775  he  was  chosen  one  of  the  delegates  from 
the  County  of  Somerset  to  the  Provincial  Congress, 
which  met  in  May,  and  was  appointed  one  of  the  as- 
sistant secretaries  of  that  body ; and  upon  Mr.  Ser- 
jeant being  elected  treasurer  of  the  province,  and 
resigning  his  appointment  as  secretary,  Paterson  was 
chosen  his  successor.  At  the  meeting  of  the  Congress 
in  October,  he  was  again  appointed  secretary.  He 


78 


REMINISCENCES  OF  NEW  JERSEY. 


was  also  a delegate  to  the  Congress  which  met  at  Bur- 
lington in  June,  1776,  and  was  again  unanimously 
chosen  secretary.  The  journal  of  that  body  shows 
that  he  voted  with  the  majority  on  the  second  day 
of  July  for  then  confirming  the  draft  of  the  Constitu- 
tion of  the  State  ; but  on  the  next  day  he  voted  with 
Frelinghuysen  and  Serjeant  for  deferring  the  printing 
a few  days  in  order  to  reconsider,  in  a full  house,  the 
propriety  of  the  last  clause,  containing  the  proviso 
respecting  reconciliation.  He  was  one  of  those  who 
considered  it  as  a temporary  expedient,  and,  some 
years  after  the  peace,  wrote  and  published  several 
articles  in  favor  of  revising  it. 

Upon  the  organization  of  the  state  government  in 
1776,  Paterson  was  selected  for  the  important  station 
of  attorney-general,  he  being  at  the  time  a member 
of  the  legislative  council.  His  duties  in  this  office 
were  difficult  and  arduous.  It  became  necessary  for 
him  to  attend  the  criminal  courts  in  the  different 
counties,  at  a time  when  the  armies  of  a hostile  power 
were  frequently  invading  the  State,  and  the  only 
means  of  communication  were  by  long  and  painful 
journeys,  mostly  on  horseback.  He  appears  to  have 
resided  at  Raritan,  where,  in  1779,  he  married  his  first 
wife.  It  appears  by  a letter  he  wrote  to  Governor 
Livingston  in  August,  1777,  that  a court  was  held  in 
Newark.  He  says  : “ I am  amazed  that  the  Congress 
do  not  act  agreeably  to  their  resolution,  and  push  into 
exercise  the  law  of  retaliation.  We  deserve  to  be  in- 
sulted, because  we  bear  it.  If  we  were  to  treat  the 
soldiers  of  the  enemy,  who  are  prisoners  with  us,  in 
the  same  manner  that  they  treat  our  soldiers,  who  are 
prisoners  with  them,  it  would  soon  produce  a mild  and 
humane  course  of  conduct.  All  the  Jersey  officers 


WILLIAM  PATERSON. 


79 


who  have  been  taken  by  the  enemy  are  now  in  the 
Provost,  and  treated  in  the  most  severe  and  barbarous 
manner.  Perhaps  a letter  from  your  excellency  and 
the  council,  addressed  to  Congress,  might  be  produc- 
tive of  the  happiest  effect.  Mr.  Justice  Smith  arrived 
at  this  place  yesterday  about  noon.  The  chief  jus- 
tice and  Mr.  Smith  agreed  that  it  would  be  improper 
to  hold  the  next  supreme  court  at  Amboy,  and  I 
make  no  doubt  your  excellency  will  be  of  the  same 
opinion.  I wish  that  your  excellency  and  the  privy 
council  would  direct  an  ordinance  to  be  made  out 
altering  the  place,  but  not  the  time  of  holding  court. 
I requested  the  judges  to  give  their  opinions  respect- 
ing the  most  proper  place  to  have  it  held  ; and,  on 
considering  the  matter,  they  agreed  that  Princeton, 
which  lies  in  the  eastern  division,  would  be  the  most 
proper  place.  The  supreme  court  will  come  on  the 
first  Tuesday  of  next  month.”  Under  the  colonial 
government,  the  governor  and  council  appointed  the 
times  and  places  of  holding  the  courts  by  ordinance, 
and  issued  commissions  of  oyer  and  terminer,  — a 
practice  which,  of  necessity,  seems  to  have  been  for 
some  years  followed  by  the  governor  and  council 
under  the  constitution. 

In  December,  1780,  the  attorney-general  writes 
to  Mr.  Stevens,  speaker  of  the  Assembly,  as  follows  : 
“ On  my  return  from  Sussex  Court  I met  with  your 
letter,  which  notifies  me  of  my  being  in  the  delega- 
tion of  Congress.  The  appointment  was  unexpected, 
especially  as  some  of  the  gentlemen  of  the  legislature 
were  fully  possessed  of  my  sentiments  on  the  oc- 
casion. From  the  commencement  of  this  contest  I 
have  held  myself  bound  to  serve  the  public  in  any 
station  in  which  my  fellow-citizens  might  place  me, 


80 


REMINISCENCES  OF  NEW  JERSEY. 


and  it  is  therefore  with  regret  that  I find  myself  under 
the  necessity  of  declining  the  present  appointment. 
I look  upon  it,  however,  as  an  act  of  justice  to  my- 
self, as  well  as  of  respect  to  your  honorable  body,  to 
declare  that  my  non-acceptance  of  the  delegacy  is 
owing  to  its  interference  with  my  official  duty  in 
another  line.  The  business  of  a criminal  nature  in 
this  State  is  at  present  intricate  and  extensive ; it  un- 
avoidably occupies  the  far  greater  part  of  my  time. 
I feel  its  weight,  and  have  more  than  once  been  ready 
to  sink  under  it.  Of  the  business  of  Congress,  its 
variety,  extent,  and  importance,  I shall  forbear  to 
speak.  Viewing  these  offices  as  I do,  I am  convinced 
that  no  one  man  can  execute  them  both  at  the  same 
time.  If  he  can  acquit  himself  well  in  one  of  them 
at  once,  it  is  full  as  much  as  can  reasonably  be  ex- 
pected. I am  sure  I shall  count  it  one  of  the  happiest 
circumstances  of  my  life,  if,  in  the  execution  of  my 
present  trust  alone,  I can  give  satisfaction  to  the 
public  under  which  I act.” 

The  members  of  the  Continental  Congress,  for  the 
first  two  or  three  years  of  the  war,  consisted  of  the 
leading  spirits  from  the  different  colonies,  who  were 
justly  the  admiration  of  the  best  men  in  Great 
Britain  and  on  the  continent ; and  by  their  measures 
and  addresses  they  gave  a character  to  the  Revolu- 
tion which  procured  for  them  the  support  they  so 
much  needed.  But  after  the  state  governments  were 
formed,  and  the  war  was  in  full  progress,  so  many  of 
the  best  men  were  withdrawn  from  Congress  as  to 
excite  the  fears  of  careful  observers.  This  was  indeed 
one  of  the  causes  of  the  little  success  of  the  confedera- 
tion. It  was  with  the  greatest  difficulty  that  a quorum 
of  Congress  could  be  kept  in  session ; and  they  failed, 


WILLIAM  PATERSON. 


81 


when  they  met,  to  command  the  respect  of  the  people. 
John  Adams,  in  one  of  his  letters,  remarks  of  the 
members,  (C  that  a large  part  of  them  were  unworthy 
of  confidence.” 

Paterson  was  reelected  at  the  end  of  his  first  term, 
but  upon  the  return  of  peace  in  1783  he  resigned 
this  appointment,  and  resumed  his  practice  as  a 
lawyer,  taking  up  his  residence  in  New  Brunswick, 
where  he  continued  to  reside  until  his  death.  The 
Rev.  Mr.  Clark,  minister  of  the  Presbyterian  Church 
which  he  attended,  says  of  him  in  his  funeral  sermon  : 
“ I need  not  remind  you  of  his  virtues  as  the  citizen 
and  the  friend,  and  how  they  adorned  his  character 
in  the  walks  of  private  life,  or  amid  the  more  secluded 
retreat  of  the  domestic  circle  and  the  home  fireside. 
You  knew  him  well,  and  the  grief  you  manifest  for 
his  loss  is  the  best  evidence  how  affectionately  you 
regard  his  virtuous  example,  his  distinguished  pru- 
dence, his  love  of  justice,  his  fidelity  in  friendship,  his 
readiness  to  oblige,  his  kindness  to  the  poor,  his  gen- 
erous hospitality,  and  the  dignity  of  his  deportment, 
tempered  with  the  mildness  of  the  amiable  citizen, 
the  agreeable,  the  interesting,  and  the  instructive 
companion.” 

During  the  war  the  great  defects  of  the  articles  of 
confederation  were  apparent;  but  upon  the  establish- 
ment of  peace  they  became  so  manifest  as  to  excite 
the  apprehensions  of  the  most  intelligent  and  patriotic 
citizens  throughout  the  different  States.  The  legis- 
lature  of  New  Jersey,  as  early  as  1783,  had  sent  a 
representation  to  the  Congress,  pointing  out  some  of 
these  defects,  and  containing  the  most  just  and  en- 
lightened views  respecting  a federal  compact,  in  ad- 
vance, indeed,  of  those  then  generally  prevailing. 

6 


82 


REMINISCENCES  OF  NEW  JERSEY. 


They  especially  objected  to  the  articles  by  which  the 
regulation  of  trade  and  commerce  was  committed  to 
the  several  States  within  their  respective  jurisdictions. 
They  say,  “We  are  of  opinion  that  the  sole  and  ex- 
clusive power  of  regulating  the  trade  of  the  United 
States  with  foreign  nations  ought  to  be  clearly  vested 
in  the  Congress ; and  that  the  revenue  arising  from 
all  duties  and  customs  imposed  thereon,  ought  to  be 
appropriated  to  the  building,  equipping,  and  manning 
a navy  for  the  protection  of  the  trade  and  defense  of 
the  coasts,  and  to  such  other  public  and  general  pur- 
poses, as  to  the  Congress  shall  seem  proper,  and  for 
the  common  benefit  of  the  States.”  Several  other 
defects  were  pointed  out,  the  most  important  of  which 
was  that  the  vacant  and  unpatented  lands,  commonly 
called  the  crown  lands,  within  the  limits  of  the  States, 
which  had  been  conquered  by  the  prosperous  issue 
of  a war  undertaken  for  the  general  defense  and  in- 
terest of  the  confederating  colonies,  were  not  author- 
ized to  be  disposed  of  for  defraying  the  expenses  of 
the  war  and  other  public  and  general  purposes. 

After  various  efforts  in  the  Confederate  Congress 
to  induce  the  States  to  give  their  delegates  authority 
to  grant  additional  powers  to  that  body,  Virginia  took 
the  lead  in  calling  a convention  to  propose  amend- 
ments, which  resulted  in  a meeting  of  commissioners 
from  five  States,  of  which  New  Jersey  was  one,  in 
September,  1786.  This  convention  recommended  to 
the  several  States  to  send  delegates  to  meet  in  Phil- 
adelphia in  the  succeeding  May,  and  sent  copies  of  its 
proceedings  to  the  respective  legislatures  and  to  the 
Congress.  Congress  resolved  that,  in  its  opinion, 
such  a convention  should  be  held  for  “ the  sole  and 
express  purpose  of  revising  the  articles  of  confedera- 


WILLIAM  PATERSON. 


83 


tion,  and  reporting  to  Congress  and  the  several  legis- 
latures such  alterations  and  provisions  therein  as 
shall,  when  agreed  to  in  Congress  and  confirmed  by 
the  States,  render  the  Federal  Constitution  adequate 
to  the  exigencies  of  government  and  the  preservation 
of  the  Union.’, 

The  legislature  of  New  Jersey  approved  the  plan 
as  early  as  November,  1786,  and  sent  as  commis- 
sioners David  Brearly,  chief  justice  ; William  C.  Hous- 
ton, William  Paterson  ; William  Livingston,  governor ; 
Abraham  Clark,  and  Jonathan  Dayton.  Clark  was 
prevented  by  ill  health  from  attending  ; the  others, 
except  Houston,  took  part  in  the  proceedings,  and 
eventually  signed  the  constitution  agreed  upon.  They 
were  undoubtedly  the  first  men  of  the  State  in  char- 
acter and  attainments ; and  Paterson  seems  to  have 
been  their  leader.  Seldom,  indeed,  if  ever,  in  the 
history  of  the  world,  has  a body  of  men  assembled 
superior  in  ability  and  acquirements  to  the  conven- 
tion which  met  in  Philadelphia  in  May,  1787,  and 
concluded  its  labors  by  promulgating  the  Constitution 
of  the  United  States  on  the  seventeenth  of  the  suc- 
ceeding September.  General  Washington,  a com- 
missioner from  Virginia,  was  unanimously  chosen  as 
president. 

Two  plans  were  submitted  to  the  convention,  which 
for  some  time  formed  the  basis  of  the  discussion.  One 
by  Edmond  Randolph  of  Virginia  was  referred  to  as 
the  Virginia  plan,  and  proposed  in  substance  a na- 
tional government,  and  received  the  support  of  the 
larger  States.  The  other  was  offered  some  days  later 
by  Paterson,  was  called  the  New  Jersey  plan,  and  was 
substantially  concurred  in  by  the  smaller  States,  of 
which  New  York  was  then  reckoned  one,  the  others 


84 


REMINISCENCES  OF  NEW  JERSEY. 


being  Delaware  and  Maryland.  The  object  of  this 
plan  was  to  preserve  the  state  sovereignties,  while 
sufficient  power  was  given  to  the  general  government 
to  enable  it  to  provide  for  the  common  defense  and 
general  welfare.  This  plan  appears  to  have  received 
the  support  of  all  the  commissioners  from  New  Jersey. 
The  result  was  a most  happy  compromise,  by  which 
there  was  formed  what  was  properly  termed  by  Mr. 
Ellsworth,  a “ general  government,  partly  federal  and 
partly  national.”  His  remarks  on  this  question  were 
forcible  and  just.  He  had  moved  that  in  the  senate 
each  State  should  have  an  equal  vote,  and  said : 
u This  will  secure  tranquillity,  and  will  make  it  ef- 
fectual ; and  it  will  meet  the  objections  of  the  larger 
States.  In  taxes,  they  will  have  a proportional  weight 
in  the  first  branch  of  the  legislature.  If  the  great 
States  refuse  this  plan,  we  shall  be  forever  sepa- 
rated. If  all  the  States  are  to  exist,  they  must  neces- 
sarily have  an  equal  vote  in  the  general  government. 
Small  communities,  when  associating  with  greater, 
can  only  be  supported  by  an  equality  of  votes.  I 
have  always  found  in  my  reading  and  experience, 
that  in  all  societies  the  governors  are  ever  rising 
into  power.” 

After  a full  and  earnest  discussion  in  which  the 
leading  men  from  the  different  States  participated,  the 
question  of  representation,  the  most  vital  of  all,  was 
referred  to  a committee  of  one  from  each  State,  in 
which  Paterson  represented  New  Jersey,  which  agreed 
upon  a report  that  was  finally  adopted  in  substance, 
and  thus  New  Jersey  preserved  her  integrity  ; and  the 
plan  received  the  sanction  of  all  the  States,  a result 
which  there  is  no  reason  to  believe  would  have  fol- 
lowed any  plan  radically  different.  Mr.  Paterson 


WILLIAM  PATERSON. 


85 


said  emphatically  and  truly  in  the  convention,  “ thir- 
teen sovereign  and  independent  States  could  never 
form  one  nation,  and  that  New  Jersey  would  not  have 
sent  delegates  to  any  assembly  that  would  destroy 
the  equalities  or  rights  of  the  States.”  Fortunately 
a spirit  of  harmony  and  conciliation  overruled  the 
final  deliberations  of  the  convention,  and  the  plan 
adopted  received  the  signature  of  thirty-eight  out  of 
the  fifty-five  delegates,  including  all  that  attended 
from  New  Jersey.  A few  of  those  who  did  not  sign 
were  in  favor  of  it,  but  were  necessarily  absent  when 
it  was  finally  adopted. 

The  convention  recommended  that  the  constitution 
should  be  committed  to  State  conventions,  and  that 
as  soon  as  the  same  should  be  ratified  by  the  requisite 
number,  namely,  nine  States,  Congress  should  take 
measures  for  the  election  of  a president,  and  fix  the 
time  for  commencing  proceedings  under  it.  This  was 
complied  with  ; the  State  of  New  Hampshire  making 
the  ninth  having  ratified  it,  in  June,  1788>  Congress 
passed  an  act  that  electors  of  president  and  vice- 
president  would  be  chosen  on  the  first  Wednesday 
of  January,  1789,  and  that  on  the  first  Wednesday, 
the  fourth  of  March  ensuing,  the  new  government 
should  commence. 

There  was  no  organized  opposition  to  the  adoption 
of  this  constitution  in  New  Jersey,  it  being  very  ap- 
parent that  the  Anti-federalists,  as  they  were  then 
called,  were  few  and  without  influence.  It  may  be 
remarked  in  passing,  that  for  several  years  the  term 
Federalist  was  used  to  designate  a person  favorable  to 
the  new  constitution,  the  government  it  established 
being  commonly  and  rightly  considered  as  a federal 
government,  although  it  would  seem  now  that  many 


86 


REMINISCENCES  OF  NEW  JERSEY. 


are  disposed  to  overlook  this  important  feature  of  the 
system,  and  to  regard  its  national  characteristics  as 
most  entitled  to  favor.  When  the  two  opposing 
political  parties  came  to  be  fully  developed  during  the 
administration  of  John  Adams,  his  supporters  called 
themselves  Federalists,  and  those  favorable  to  the 
election  of  Jefferson  called  themselves  Kepublicans, 
the  term  Democrats  being  applied  to  them  by  their 
opponents,  but  soon  adopted  and  still  used  by  the 
party  claimed  still  to  exist  under  that  name. 

New  Jersey  was  the  third  State  to  ratify  the  new 
constitution.  The  convention  elected  for  the  purpose 
met  on  the  eleventh  day  of  December,  1789,  and  re- 
solved unanimously  to  ratify  and  confirm  it.  The 
members  of  the  convention  then  marched  in  pro- 
cession to  the  court-house,  and  the  ratification  was 
proclaimed  to  the  people.  Subsequently  several 
amendments  were  proposed  by  Congress,  and  ten  were 
ratified  by  three  fourths  of  the  States  in  1791,  and 
another,  the  eleventh,  in  1798,  produced  by  a decision 
of  the  supreme  court,  that  citizens  could  maintain 
suits  against  the  States.  The  twelfth  was  ratified  in 
1804.  Three  others,  making  fifteen  in  all,  which 
grew  out  of  the  late  rebellion,  have  been  since  rati- 
fied. Some  of  the  provisions  of  these  last  are  plainly 
desirable  amendments,  while  others  are  much  more 
questionable.  But  however  that  may  be,  it  is  cer- 
tainly greatly  to  be  lamented  that  it  should  have 
been  thought  necessary  to  secure  the  assent  of  the 
requisite  number  of  States  by  a species  of  coercion 
now  for  the  first  time  adopted.  It  will  be  a new 
experience  in  political  affairs,  if  in  the  end  the  fed- 
eral government  is  not  sensibly  weakened,  instead  of 
receiving  strength  from  changes  so  introduced. 


WILLIAM  PATERSON. 


87 


Mr.  Paterson  was  chosen  by  the  legislature  of 
New  Jersey,  as  he  well  deserved  to  be,  one  of  the 
senators  of  the  United  States;  Jonathan  Elmer,  of 
Bridgeton,  Cumberland  County,  being  his  colleague. 
He  first  took  his  seat  on  the  nineteenth  day  of 
March,  1789;  but  a quorum  did  not  appear,  so  that 
the  body  could  be  organized,  until  the  sixth  day  of 
April.  He  was,  as  a matter  of  course,  a prominent 
member  of  that  body.  He  was  one  of  the  tellers,  to 
count  the  electoral  votes,  and  chairman  of  the  com- 
mittee to  prepare  the  certificates  of  the  election,  and 
to  certify  the  elected  officers.  His  most  important 
position  was  as  a member  of  the  committee  on  the 
judiciary,  upon  whom  the  important  duty  was  de- 
volved of  giving  efficacy  to  the  federal  courts.  No 
act  of  the  first  Congress  was  more  important  or  more 
difficult  to  frame  than  the  act  to  establish  the  judi- 
cial system  of  the  United  States.  It  required,  and 
happily  it  received,  the  earnest  attention  and  deliber- 
ation of  men  fully  acquainted  with  the  judicial  sys- 
tems of  Great  Britain  and  the  several  colonies  of 
America,  imbued  with  sound  principles  of  jurispru- 
dence, and  who  perfectly  understood  the  purposes 
designed  by  the  necessarily  general  language  of  the 
constitution ; and  they  produced  a system  not  in- 
deed perfect,  but  the  substantial  principles  of  which 
still  regulate  this  department  of  the  government, 
and  still  command  the  approbation  of  those  best 
qualified  to  understand  its  merits.  While  it  properly 
maintains  the  supremacy  of  the  laws  of  the  United 
States,  within  their  designated  sphere,  it  carefully  ab- 
stains from  unnecessary  interference  with  the  judicial 
tribunals  of  the  States.  In  a speech  delivered  by 
Mr.  Paterson,  advocating  the  law  proposed,  he  gave 


88 


REMINISCENCES  OF  NEW  JERSEY. 


a definition  of  the  federal  government,  in  harmony 
with  the  sentiments  he  had  expressed  in  the  conven- 
tion. He  asks  : “ What  are  we  ? Of  what  do  we  con- 
sist? Of  what  materials  compounded  ? We  are  a 
number  of  free  republics,  confederated  together  and 
forming  a social  league.  United  we  have  a head,  sep- 
arately we  have  a head,  each  operating  on  different 
objects.  When  we  act  in  union,  we  move  in  one 
sphere ; when  we  act  separately  we  act  in  another, 
totally  distinct  and  apart.  God  grant  they  may 
always  remain  so.”  Although  he  here  spoke  of  the 
Union,  as  for  some  purposes  a league,  the  provisions 
of  the  act  he  was  advocating,  which  gives  to  the 
supreme  court  power  to  revise  and  annul  the  decis- 
ions of  the  highest  courts  of  the  several  States, 
in  cases  involving  the  construction  of  the  constitu- 
tion or  laws  of  the  Union,  prove  that  he  gave  no 
sanction  to  the  unfounded  inference  that  the  States 
held  a reserved  right  to  secede  from  the  Union  at 
their  own  pleasure. 

Upon  the  death  of  Governor  Livingston,  in  1790, 
Paterson  was  chosen  by  the  legislature  to  succeed 
him,  and  resigned  his  commission  as  senator  to  ac- 
cept the  appointment  of  governor  and  chancellor 
of  the  State.  In  this  important  office  he  met  the  just 
expectations  of  the  people,  and  was  at  the  end  of  his 
first  year  reelected  without  serious  opposition. 

While  he  held  this  appointment,  he  commenced  a 
work  which  he  continued  for  several  years,  after  lie 
left  it  for  another,  and  which  he  finished  in  1800,  and 
for  the  accomplishment  of  which  he  proved  to  be 
especially  qualified.  In  November,  1792,  a law  was 
passed,  providing  that  his  Excellency,  William  Pater- 
son, should  be  appointed  and  authorized  to  collect 


WILLIAM  PATERSON. 


89 


and  reduce  into  proper  form,  under  certain  beads  or 
titles,  all  the  statutes  of  England  or  Great  Britain, 
which  before  the  Revolution  were  practiced,  and 
which  by  the  constitution  extend  to  this  State ; as 
also  all  the  public  acts  which  had  been  passed  by  the 
legislature  of  this  State,  both  before  and  after  the 
Revolution,  which  remain  in  force,  which  said  bills, 
as  soon  as  the  whole  should  be  completed,  he  should 
lay  before  the  legislature,  to  be  by  them,  if  approved, 
enacted  into  laws.  Other  provisions  of  the  act  were 
that  he  should  cause  the  work,  when  completed,  to 
be  printed,  and  comprise  in  it  the  titles  of  all  acts 
that  had  been  passed.  The  design  evidently  was,  to 
have  a compilation  similar  to  that  previously  so  well 
prepared  by  Samuel  Allinson,  and  that,  besides  add- 
ing all  the  new  acts,  he  should  embrace  in  it  all  the 
British  acts  in  force  that  should  be  deemed  important 
for  the  judiciary  system  of  the  State. 

This  important  work  he  entered  upon,  departing, 
however,  from  the  plan  at  first  • proposed,  probably 
as  well  because  his  duties  as  judge  soon  interrupted 
his  labors,  and  because  it  was  more  convenient  to 
the  legislature  to  act  upon  the  newly  prepared  stat- 
utes from  time  to  time,  rather  than  to  undertake 
such  a work  at  one  sitting.  He  continued  to  revise, 
and,  so  far  as  necessary,  to  remodel  the  British  stat- 
utes proper  to  be  reenacted,  during  the  succeeding 
five  or  six  years  ; and  they  were  from  time  to  time 
enacted  by  the  legislature  as  a part  of  the  statute  law 
of  the  State.  By  an  act  passed  in  1793,  he  was  au- 
thorized to  modify  and  alter  the  criminal  lawT,  and  was 
directed  to  reduce  the  said  criminal  law  into  proper 
form  under  certain  heads  or  titles,  and  to  lay  the  same 
before  the  legislature,  to  be  by  them,  if  approved, 


90 


REMINISCENCES  OF  NEW  JERSEY. 


enacted  into  laws.  In  1795  it  was  enacted  that  he 
be  authorized,  according  to  his  discretion,  to  correct, 
alter,  and  modify  such  of  the  statutes  and  laws  which 
he  had  not  reported  on,  and  also  to  draft  and  pro- 
pose for  the  consideration  and  approbation  of  the 
legislature  such  bills  as  should  appear  to  him  con- 
ducive to  the  interests  of  the  State,  and  to  the  com- 
pletion of  the  revision  and  system  of  the  laws  of  this 
State  intended  by  the  act,  and  that  he  be  requested 
to  translate  the  Latin  and  French  terms  as  near  as 
may  be  into  English. 

He  appears  to  have  ceased  to  report  any  new  laws 
after  1798.  In  that  year  it  was  enacted  that  the  sum 
of  six  hundred  pounds  be  paid  to  him  to  defray  the 
expense  of  printing;  and  another  act,  passed  in  1799, 
provided  that  he  might  omit  the  titles  of  acts  passed, 
and  insert  only  such  as  he  should  deem  necessary 
and  proper. 

Upon  the  completion  of  his  revision  of  the  British 
statutes,  an  act  was  passed  which  enacted  that  there- 
after no  statute  or  act  of  parliament  of  England  or 
of  Great  Britain  shall  have  force  or  authority  within 
this  State,  or  be  considered  as  a law  thereof.  This 
section  appears  in  the  draft  prepared  by  him  (for 
fortunately  all  his  drafts  have  been  preserved  and 
bound  together),  but  another  section  was  added,  which 
he  did  not  prepare.  It  enacted  u that  no  adjudication, 
decision,  or  opinion  made,  had,  or  given  in  any  court 
of  law  or  equity  in  Great  Britain,  or  any  cause 
therein  depending,  nor  any  printed  or  written  report 
or  statement  thereof,  nor  any  compilation,  commen- 
tary, digest,  lecture,  treatise,  or  other  explanation  or 
exposition  of  the  common  law,  made,  had,  given, 
written,  or  composed  since  the  fourth  day  of  July, 


WILLIAM  PATERSON. 


91 


1776,  in  Great  Britain,  shall  be  received  or  read  in 
any  court  of  law  or  equity  of  this  State,  as  law,  or 
evidence  of  the  law,  or  elucidation  or  explanation 
thereof,  any  practice,  opinion,  or  sentiment  of  the  said 
courts  of  justice,  used,  entertained,  or  expressed  to 
the  contrary  hereof  notwithstanding.”  The  intensity 
of  the  language  employed  in  this  act  shows  the  strong 
repugnance  to  everything  British  which  had  been 
produced  by  the  war.  It  was  somewhat  modified  the 
next  year,  but  in  1801  it  was  reenacted,  and  an  addi- 
tional section  added,  requiring  that  any  attorney  who 
should  offer  to  read  any  such  book  should  be  deprived 
of  his  license.  And  so  this  extraordinary  law  re- 
mained until  1818,  when,  through  the  influence  of 
William  Griffith  and  Joseph  Hopkinson,  who  were 
that  year  members  of  the  Assembly,  and  of  Gov- 
ernor Williamson,  it  was  repealed. 

An  examination  of  the  statutes  Mr.  Paterson  com- 
piled, to  take  the  place  of  those  English  statutes 
which  had  been  considered  in  force  before  the  Revolu- 
tion, will  convince  any  lawyer  of  the  care  he  took  to 
make  them  complete,  and  to  preserve,  so  far  as  cir- 
cumstances would  allow,  the  old  terms,  most  of  which 
had  undergone  judicial  examination.  The  first  act 
of  this  kind  that  appears,  which  the  legislature 
passed  into  a law  in  November,  1794,  is  the  act  re- 
specting amendments  and  jeofails  (Pat.  R.  126).  This 
act  embodies  provisions  from  not  less  than  fifteen 
English  statutes,  from  the  time  of  14  Edward  III.  to 
George  II.,  and  still  continues  on  our  statute  books 
unaltered.  Subsequent  statutes  and  decisions  have, 
however,  greatly  extended  the  power  of  the  courts  to 
order  amendments. 

Most  of  the  acts  passed  by  the  legislature  from 


92 


REMINISCENCES  OF  NEW  JERSEY. 


1794  to  1798,  are  transcripts  of  English  statutes, 
sometimes  much  improved,  but  generally  retaining 
the  original  language,  the  construction  of  which 
had  been  settled  by  adjudications,  which  were  thus 
adapted  to  our  circumstances,  and  still  continue  an 
important  part  of  our  legal  system.  Very  difficult 
questions,  in  regard  to  what  British  statutes  applied 
to  the  colony,  had  from  time  to  time  arisen.  One, 
and  perhaps  the  best  opinion,  was  that  none  passed 
after  a local  legislature  was  established  in  1702,  were 
in  force  here,  unless  the  colonies  were  expressly 
named ; but  the  courts  did  not  strictly  adhere  to  this 
principle.  In  some  cases  a local  statute  had  declared 
that  all  English  statutes  concerning  a certain  matter 
should  be  in  force  in  this  province,  as,  for  instance,  the 
statutes  concerning  the  limitations  of  actions  passed 
in  1727-8  (Allinson,  72),  but  many  important  ones 
were  left  apparently  to  the  discretion  of  the  courts. 

It  may  be  safely  said,  that  when  he  completed  the 
work  assigned  him,  and  included  all  the  public  acts 
in  the  book  entitled  66  Laws  of  the  State  of  New  Jer- 
sey, revised  and  published  under  the  authority  of  the 
legislature,  by  William  Paterson,”  he  completed  a 
system  of  statute  law  more  perfect  than  that  of  any 
other  State,  and  thus  laid  the  foundation  of  a body  of 
laws  which  has  continued  to  this  day  to  deserve  the 
highest  praise.  The  act  to  regulate  the  practice  of 
courts  of  the  law,  passed  in  1799  (Pat.  353),  which 
took  the  place  of  the  crude  system  known  as  Clark’s 
Practice,  shows  the  hand  of  a master.  Instead  of  at- 
tempting a perfectly  new  system,  he  wisely  took,  as 
his  principal  model,  the  practice  of  the  English  court 
of  Lag’s  bench,  which  had  been  always  the  practice 
of  the  courts  of  New  Jersey,  and  introduced  amend- 


WILLIAM  PATERSON. 


98 


ments  which  made  it  more  suitable  to  our  altered  cir- 
cumstances, many  of  which  were  soon  adopted  in  Eng- 
land. It  may  be  doubted  whether  many  of  the  modern 
alterations  of  this  system  have  been  any  improve- 
ment of  it.  He  also  greatly  improved  the  practice  of 
the  court  of  chancery,  of  which  he  was  himself  the 
judge,  by  the  act  respecting  the  court  of  chancery,  re- 
ported soon  after  his  appointment,  but  not  passed 
into  a law  until  June,  1799. 

Upon  the  completion  of  his  work,  Paterson  was 
paid  the  sum  of  twenty-five  hundred  dollars  for  his 
services,  and  two  editions  of  the  compilation  were 
published,  one  in  large  folio,  and  the  other  a large 
octavo,  which  were  used  during  the  ensuing  twenty 
years.  In  1811  Governor  Bloomfield,  by  authority 
of  the  legislature,  compiled  and  published  the  public 
acts  passed  after  Paterson’s  edition,  with  an  index 
and  the  titles  of  the  private  acts.  In  1819  a com- 
mittee of  the  legislature  were  authorized  to  employ 
a fit  person  to  examine,  compile,  and  prepare  all  the 
acts  in  force,  and  to  prepare  and  report  to  the  next 
legislature  such  laws  as  he  should  deem  advisable 
for  consolidating  into  one  act  the  same  subject  mat- 
ter, with  such  corrections  and  amendments  as  he 
should  think  proper  to  recommend.  The  committee 
selected  Judge  Pennington,  and  he  undertook  the 
duty,  so  that  the  legislature  of  1819-20,  which  had 
three  sittings  for  the  purpose,  having  completed  the 
revision,  authorized  Samuel  L.  Southard  and  Charles 
Ewing,  Esqrs.,  to  superintend  and  direct  the  printing 
of  the  same.  In  1821  this  compilation  was  published 
as  “Laws  of  the  State  of  New  Jersey,  revised  and 
published  under  the  authority  of  the  legislature,”  and 
has  since  been  quoted  by  the  judges  as  Revised  Laws. 


94 


REMINISCENCES  OF  NEW  JERSEY. 


In  1838,  Mr.  Harrison,  by  authority  of  the  legislature, 
published  a compilation  of  the  public  laws  passed 
since  1820,  with  a reference  to  the  private  laws,  and 
a very  full  index.  After  the  adoption  of  the  new 
constitution  in  1845,  Peter  D.  Vroom,  Henry  W. 
Green,  and  Stacy  G.  Potts  were  authorized  to  revise 
the  laws  and  reduce  them  into  one,  so  as  to  conform 
them  to  the  present  constitution,  and  lay  them  before 
the  legislature,  provided  that  no  change  should  be 
made  in  the  phraseology  or  distribution  of  the  sec- 
tions that  had  been  the  subject  of  judicial  decisions, 
by  which  the  construction  thereof,  as  established  by 
such  decisions,  might  be  affected  or  impaired.  After- 
wards these  revisors  were  authorized  to  superintend 
the  printing  of  the  completed  work,  which  was  pub- 
lished in  1847,  and  has  been  since  quoted  as  Revised 
Statutes.  The  index,  it  was  understood,  was  prepared 
by  Mr.  Potts.  The  Digests  since  published  as  Elmer’s 
and  Nixon’s  Digests,  of  which  the  fourth  edition  is 
now  in  use,  were  prepared  without  any  previous 
sanction  of  the  legislature,  but  have  been  since  pub- 
lished by  its  authority. 

In  March,  1793,  Governor  Paterson  was  nominated 
by  President  Washington  as  a justice  of  the  supreme 
court  of  the  United  States,  an  office  which  he  held 
the  remainder  of  his  life.  This  appointment,  con- 
sidering the  source  of  it,  and  the  means  of  knowing 
his  fitness  for  it  afforded  by  the  part  he  took  in  the 
proceedings  of  the  constitutional  convention,  over 
which  Washington  presided,  must  be  considered  as  a 
flattering  testimony  of  his  fitness.  It  seldom  happens, 
indeed,  that  the, executive  has  such  an  opportunity 
of  judging  for  himself  of  the  qualifications  of  those 
he  appoints  to  important  offices  as  happened  in  this 


WILLIAM  PATERSON. 


95 


case.  It  has  been  stated  that  Washington,  when  he 
nominated  another  of  the  judges,  supposed  he  was 
appointing  an  entirely  different  man,  and  was  much 
surprised  when  he  discovered  his  error. 

There  being  at  that  time  no  such  division  of 
judicial  districts  as  now  prevails,  the  judges  travelled 
from  Maine  to  Georgia.  When  Paterson  held  the 
federal  court  at  Richmond,  Virginia,  it  happened  that 
some  foolish  official  who  had  control  of  the  bell  in  the 
State  House,  refused  to  allow  the  marshal  to  have  it 
rung  for  that  court.  The  judge  advised  his  officer 
to  procure  a tin  horn  and  have  it  blown  at  the  proper 
times,  and  this  was  done.  The  circumstances  being 
made  known  to  the  governor  he  promptly  interfered 
and  ordered  that  the  bell  should  be  put  at  the  control 
of  the  marshal.  The  judge,  when  informed  of  this 
change,  sent  his  thanks  to  the  governor,  but  said  he 
had  got  along  very  well  with  his  horn,  and  continued 
to  have  it  blown  as  long  as  the  court  sat. 

The  opinions  delivered  by  Paterson  while  a judge 
of  the  supreme  court,  so  far  as  they  have  been  re- 
ported, will  be  found  in  Dallas’  and  Cranch’s  Reports ; 
and  it  is  perhaps  sufficient  to  say  that  he  fully  sus- 
tained his  reputation.  In  the  case  of  Vanhorne’s 
Lessee  vs.  Dorrance,  tried  in  1795  before  the  United 
States  circuit  court  for  Pennsylvania,  which  occupied 
fifteen  days,  and  involved  the  title  to  land  in  the  val- 
ley of  the  Wyoming  in  Pennsylvania,  claimed  by  the 
plaintiff  under  a title  derived  from  Penn,  and  by  the 
defendant  under  a title  from  Connecticut,  fortified 
by  a deed  purporting  to  be  from  Indians,  and  by  an 
act  of  the  legislature  of  Pennsylvania,  he  delivered  a 
very  elaborate  and  manifestly  correct  charge  in  favor 
of  the  plaintiff.  The  main  reliance  of  the  counsel 


96 


REMINISCENCES  OF  NEW  JERSEY. 


for  the  defendant  was  on  the  act  of  Assembly  for 
quieting  the  Connecticut  claimants,  which  he  held  to 
be  contrary  to  the  constitution  of  that  State,  and 
therefore  invalid.  He  also  presided  in  the  trial  of 
several  of  the  persons  charged  writh  treason  in  resist- 
ing the  authority  of  the  United  States  during  what 
was  called  the  Whiskey  Insurrection,  who  were  con- 
victed, but  afterwards  pardoned. 

It  is  scarcely  possible  to  overestimate  the  impor- 
tance of  the  questions  that  have  been  presented  to 
the  supreme  court  for  its  decision,  from  its  first  ses- 
sion to  the  present  day ; and  it  is  a subject  of  great 
gratification  that,  however  individuals  may  have  dis- 
sented from  particular  opinions,  or  however  frequently 
the  judges  may  have  differed  among  themselves,  as 
from  the  nature  of  the  matters  submitted  to  their 
jurisdiction,  so  commonly  more  or  less  involving 
questions  of  policy,  was  inevitable,  the  general  result 
has  been  so  beneficial.  A recent  decision,  holding 
one  of  the  most  important  laws  ever  passed  by  Con- 
gress, so  far  as  it  attempts  to  authorize  the  payment 
of  existing  debts  in  anything  but  gold  and  silver  to 
be  contrary  to  the  constitution,  and  therefore  void, 
if  it  satisfies  the  sober  second  thought  of  the  leading 
minds  of  the  country,  as  there  is  every  reason  to 
expect,  will  do  more  to  establish  the  credit  of  the 
nation  for  all  future  time  than  could  have  been  ef- 
fected in  any  other  mode,  and  if,  on  the  contrary,  the 
lapse  of  time  and  of  events  shall  prove  it  to  be  erro- 
neous, there  will  be  found  no  insuperable  difficulty 
in  establishing  a different  doctrine  by  a direct  amend- 
ment of  the  constitution,  or  by  the  reversal  of  an 
improvident  opinion.1 

1 Since  this  paragraph  was  penned,  pointed  to  be  committed  on  the  subject, 
two  new  judges,  known  when  ap-  have  hastened  to  unite  with  the  prior 


WILLIAM  PATERSON. 


97 


In  the  case  of  Penhallow  vs.  Doane’s  Administrators, 
(Dallas  R.  80),  which  grew  out  of  the  proceedings 
in  a court  of  admiralty  of  the  State  of  New  Hamp- 
shire, and  upon  an  appeal  to  a court  established  by 
Congress  during  the  confederation,  Judge  Paterson 
delivered  an  able  opinion,  a part  of  which  I quote, 
because  of  its  bearing  upon  questions  respecting  the 
nature  of  our  complex  government,  which  have  re- 
cently occasioned  so  much  difficulty  : — 

“ Much  has  been  said  respecting  the  powers  of  Congress.  On 
this  part  of  the  subject,  the  counsel  on  both  sides  displayed  great 
ingenuity  and  erudition,  and  that  too  in  a style  of  eloquence  equal  to 
the  magnitude  of  the  question.  The  powers  of  Congress  during  the 
war  were  revolutionary  in  their  nature,  arising  out  of  events  ade- 
quate to  every  national  emergency,  and  coextensive  with  the  object 
obtained.  Congress  was  the  general,  supreme,  and  controlling  coun- 
cil of  the  nation ; the  centre  of  union,  the  centre  of  force,  and  the 
sun  of  the  political  system.  To  determine  what  their  powers  were, 
we  must  inquire  what  powers  they  exercised.  Congress  raised 
armies,  fitted  out  a navy,  and  prescribed  rules  for  their  government. 
Congress  conducted  all  military  operations,  both  by  land  and  sea. 
Congress  emitted  bills  of  credit,  and  sent  ambassadors  and  made 
treaties.  Congress  commissioned  privateers  to  cruise  against  the 
enemy ; directed  what  vessels  should  be  liable  to  capture,  and  pre- 
scribed rules  for  the  distribution  of  prizes.  These  high  acts  of 
sovereignty  were  submitted  to,  acquiesced  in,  and  approved  by  the 
people  of  America.  In  Congress  were  vested,  because  by  Congress 
were  exercised,  with  the  approbation  of  the  people,  the  rights  and 
powers  of  war  and  peace.  In  every  government,  whether  it  consists 
of  many  states  or  of  a few ; or  whether  it  be  of  a federal  or  con- 
solidated nature,  there  must  be  a supreme  power  or  will : the  rights 
of  war  and  peace  are  component  parts  of  this  supremacy,  and  inci- 
dental thereto  is  the  question  of  prize.  The  question  of  prize  grows 
out  of  the  nature  of  the  thing.  If  it  be  asked,  In  whom,  during  our 
Revolutionary  War,  was  lodged,  and  by  whom  was  exercised,  this 

minority  of  the  court  in  overruling  a constitutional  legislation  of  state  legis- 
delibcrate  opinion;  and  have  thus  given  laturcs,  it  cannot  be  relied  on  to  inter- 
us  a painful  proof,  that  however  useful  fere  with  the  action  of  Congress, 
the  court  may  be  in  restraining  the  un- 


98 


REMINISCENCES  OF  NEW  JERSEY. 


supreme  authority  ? no  one  will  hesitate  to  answer,  It  was  lodged 
in,  and  exercised  by  Congress  ; it  was  there  or  nowhere  ; the  States 
individually  did  not,  and  with  safety  could  not  exercise  it.  Disas- 
trous would  have  been  the  issue  of  the  contest,  if  the  States  separately 
had  exercised  the  power  of  war.  For  in  such  case,  there  would 
have  been  as  many  supreme  wills  as  there  were  States ; and  as  many 
wars  as  there  were  wills.  Happily,  however,  for  America,  this  was 
not  the  case  ; there  was  but  one  war,  and  one  sovereign  will  to  con- 
duct it.” 

Perhaps  the  most  celebrated  of  the  cases  tried  be- 
fore him,  was  the  indictment  against  Matthew  Lyon, 
for  a violation  of  the  sedition  law,  passed  by  Congress 
in  1798.  He  maintained  the  constitutionality  of  this 
act,  and  sentenced  the  defendant  to  pay  a fine  of  one 
thousand  dollars,  which  was,  after  the  lapse  of  forty 
years,  refunded  by  virtue  of  a special  law  for  that 
purpose.  The  supreme  court  sustained  his  decision  ; 
but  it  was  not  long  before  public  opinion  compelled 
the  repeal  of  this  and  the  alien  law,  which  are  not 
likely  to  be  revived.  During  the  administration  of 
Mr.  Adams,  when  political  feeling  had  become  very 
intense,  an  indictment,  drawn  by  Mr.  Lucius  H.  Stock- 
ton,  the  attorney  of  the  United  States  for  New  Jer- 
sey, was  returned  a true  bill,  against  an  individual 
who,  during  the  excitement  of  a political  contest,  made 
a foolish  and  very  vulgar  remark  about  the  president, 
respecting  a salute  fired  in  his  honor,  which,  when  it 
came  to  be  published,  was  so  ridiculous  that  the  cir- 
cumstance helped  very  much  to  make  the  law  odious. 

His  friends  were  much  dissatisfied  with  President 
Adams,  that  upon  the  resignation  of  Chief  Justice 
Ellsworth,  he  did  not  select  Paterson  to  take  his  place, 
his  declining  to  do  so  being  attributed  to  his  having 
conceived  a prejudice  against  him ; and  this,  consid- 
ering the  well-known  disposition  of  Mr.  Adams,  may 


WILLIAM  PATERSON. 


99 


have  been  in  part  the  reason.  But  it  may  be  that,  as 
has  usually  been  the  practice  in  England,  he  thought 
it  best  to  avoid  any  danger  of  distrust  and  jealousy 
among  the  associate  judges  by  taking  the  chief  justice 
from  the  fittest  person  outside  their  number ; and  it 
must  be  remembered  that  whatever  may  have  been 
the  controlling  motive,  the  man  he  selected  for  the 
position  was  John  Marshall. 

The  last  of  Judge  Paterson's  official  acts  and  of  his 
public  life,  was  as  the  presiding  justice,  with  District 
Judge  Talmadge,  in  the  circuit  court  of  the  United 
States,  at  New  York,  April,  1806,  on  the  trials  of 
indictments  against  Samuel  G.  Ogden  and  William  S. 
Smith  for  violating  our  neutrality  acts,  by  aiding 
Miranda  in  his  expedition  to  wrest  some  of  the  South 
American  States  from  the  dominion  of  Spain.  They 
were  state  trials,  which  excited  great  attention,  and 
in  which  the  public,  as  has  been  usual  in  such  cases, 
sympathized  with  the  defendants.  The  defendants 
had  employed  the  most  eminent  counsel  at  the  New 
York  bar.  An  attempt  was  made  to  postpone  the 
trials  on  account  of  the  absence  of  several  members 
of  Jefferson’s  cabinet,  who,  it  was  alleged,  were  im- 
portant witnesses,  wanted  to  prove  that  the  adminis- 
tration was  aware  of  and  connived  at  the  design,  and 
against  whom  attachments  were  moved  for,  because 
they  had  not  obeyed  the  subpoenas  served  on  them. 
The  judges  agreed  in  refusing  postponement,  Pater- 
son stating  that  at  first  he  had  inclined  to  agree  to 
the  request  on  account  of  his  own  infirm  health,  but 
he  was  satisfied  he  should  not  be  sufficiently  recovered 
in  a reasonable  time,  so  that  no  benefit  would  result 
to  the  defendants  by  delay.  An  elaborate  opinion 
was  delivered  by  Paterson,  holding  that  the  facts  it 


100 


REMINISCENCES  OF  NEW  JERSEY. 


was  alleged  could  be  proved  would  be  no  justification 
of  the  criminal  acts  that  were  charged.  Upon  the 
question  of  attachments,  he  stated  the  judges  disa- 
greed ; and  that  when  this  happens,  they  do  not  assign 
any  reasons  in  favor  of  their  respective  opinions,  but 
merely  state  the  point  of  disagreement,  that  either 
party  may  carry  it  into  the  supreme  court  for  ulti- 
mate decision.  These  proceedings  consumed  several 
days,  the  decision  to  proceed  with  the  trial  being 
made  in  July.  Judge  Paterson  then  left  the  bench, 
and  the  trials  proceeded  before  the  district  judge, 
ending  in  the  acquittal  of  both  defendants. 

The  health  of  Judge  Paterson  continued  from  this 
time  to  decline,  and  he  died,  at  the  residence  of  his 
daughter  in  Albany,  wTho  was  the  wife  of  Stephen 
Van  Rensselaer  “ the  Patroon,”  on  the  9th  of  Sep- 
tember, 1806,  in  the  sixty-second  year  of  his  age.  It 
has  been  said  of  him  that,  cc  although  small  in  stature, 
he  was  every  inch  a judge.”  All  that  remains  of  him 
serves  to  show  that  he  was  a man  of  great  ability,  and 
entirely  worthy  of  the  important  stations  in  the  state 
and  federal  governments  he  was  called  on  to  fill. 
From  1787  to  1802,  he  was  one  of  the  trustees  of 
Princeton  College.  He  left  twro  children,  a son  and 
daughter  of  his  first  wife  ; his  second  wife,  whom  he 
married  in  New  Brunswick,  left  no  issue.  The  son, 
who  was  a lawyer,  died  in  1883  ; and  his  son,  also  a 
hrwyer,  survived  him.  Mr.  Van  Rensselaer  left  several 
children,  one  of  them  Rev.  Cortlandt  Van  Rensselaer, 
who  died  in  1860,  greatly  regretted,  resided  in  and 
was  well  known  in  New  Jersey. 

Judge  Paterson,  though  possessing  an  intellect  and 
ability  of  high  order,  was  not  an  orator  in  the  ordi- 
nary acceptation  of  the  term.  He  was  a diligent  and 


WILLIAM  PATERSON. 


101 


laborious  student,  and,  as  a lawyer,  prepared  his  cases 
with  much  examination.  Indeed,  it  is  understood 
that  he  seldom  addressed  a court  or  jury  without 
copious  notes,  and  often  from  a written  argument,  a 
practice,  however,  by  no  means  peculiar  to  him.  He 
himself  states,  in  a letter  to  President  Laurens,  that 
“ he  was  not  one  of  those  ready  men,  who  can  at  the 
bar  take  up  a long  and  intricate  cause,  and  manage 
it  with  ease  and  address.”  He  evidently  distrusted  his 
own  ability,  though  it  is  certain  that  industry  and 
application,  however  persevering  of  themselves,  could 
never  obtain  the  reputation  or  eminence  he  obtained 
in  after  life. 

In  his  religious  opinions,  though  attached  to  the 
rights  and  forms  of  the  Presbyterian  Church,  in  which 
he  was  bred,  he  was  liberal  and  charitable.  His 
pastor  spoke  of  him  as  44  one  who  read  and  studied 
much  on  the  subject  of  religion,  and  who  was  familiar 
with  its  doctrines,  both  natural  and  revealed.  For 
the  Scriptures  he  had  the  highest  reverence,  and  was 
liberal  in  contributing  to  the  maintenance  of  the 
ministry.”  Although  he  did  not  make  a public  pro- 
fession of  his  faith  during  his  active  life,  from  doubts 
as  to  his  preparation  and  fitness,  doubts  perhaps  pro- 
duced by  the  preaching  not  uncommon  in  his  day, 
still  he  did  not  neglect  the  outward  duties  prescribed 
by  the  authorities  of  his  church,  and  for  some  years 
before  his  death,  to  use  his  own  words,  was  more  than 
ordinarily  impressed  with  religious  subjects  and  medi- 
tations. In  his  last  illness,  he  contemplated,  with 
regret,  this  omission  to  make  a public  profession  of 
his  faith  in  Christ ; and  did  not  bid  farewell  to  family 
and  friends  until  he  had  partaken  of  the  solemn 
ordinance  of  communion,  and  urged  this  duty  upon 
those  connected  with  him  by  the  nearest  and  dear- 


102 


REMINISCENCES  OF  NEW  JERSEY. 


est  ties ; and  in  doing  this  he  was  no  doubt  much 
strengthened  by  the  example  of  his  pious  son-in-law, 
at  whose  house  he  died. 

Richard  Howell,  governor  from  1793  to  1801,  was 
the  son  of  Ebenezer  Howell,  whose  parents  came  to 
this  country  from  Wales  in  1729,  and  settled  in 
Newark,  Newcastle  County,  Delaware.  Richard  was 
one  of  eleven  children,  and  with  his  twin  brother 
Lewis  was  born  October  25th,  1751.  They  were  edu- 
cated at  Newcastle,  in  a school  where  they  were 
taught  gymnastic  exercises,  such  as  leaping,  boxing, 
etc.  A string  being  stretched,  the  rule  was,  that  the 
one  who  first  jumped  over  it  must  box  with  any  one 
who  chose  to  fight.  Lewis  would  jump  over  at  once; 
but  was  too  small  and  weak  to  be  a match  for  the 
others.  Richard  would  at  once  step  up  and  fight  his 
battles,  rarely,  if  ever,  finding  his  match  at  this  sport. 
When  about  fifteen  years  old,  their  father  came  over 
to  New  Jersey,  and  settled  in  Cumberland  County,  a 
few  miles  west  of  Bridgeton,  where  he  resided  until 
his  death.  The  two  boys  remained  in  Delaware 
until  their  education  was  completed.  They  came 
over  to  this  State  in  1774,  or  perhaps  earlier.  Lewis 
became  a student  of  medicine  with  Dr.  Jonathan 
Elmer,  and  Richard  studied  law. 

Both  the  brothers  were  of  the  party  who,  in  No- 
vember, 1774,  disguised  themselves  as  Indians,  broke 
into  a store-house  at  Greenwich,  a few  miles  from  their 
father’s  residence,  took  out  the  boxes  of  a pretty 
considerable  cargo  of  tea  stored  there,  imported  in  a 
brig  called  the  Greyhound , and  burned  them.  They, 
with  others  engaged  in  this  matter,  were  sued  by 
the  owners,  but  the  case  was  never  brought  to  trial. 
At  the  May  term  of  the  Cumberland  court  of  oyer 


RICHARD  HOWELL. 


103 


and  terminer,  Chief  Justice  Frederick  Smyth,  who 
held  the  court  there  as  a royal  judge  for  the  last 
time,  gave  a very  pointed  charge  to  the  grand  jury 
respecting  this  affair ; and  when  they  returned  into 
court  without  a true  bill,  sent  them  back  to  reconsider 
the  case ; but  Jonathan  Elmer,  the  Whig  sheriff,  had 
taken  very  good  care  to  summon  a Whig  grand  jury, 
of  which  one  of  his  brothers  was  foreman,  and  they 
returned  empty-handed. 

Early  in  1775,  Richard  was  appointed  a subaltern 
officer  in  a company  of  light-infantry,  and  in  De- 
cember, when  but  little  over  twenty-one  years,  he 
was  commissioned  as  captain  of  the  second  regiment 
of  the  New  Jersey  line  of  Continental  troops,  com- 
manded by  Colonel  William  Maxwell.  A company  was 
recruited  in  Cumberland  and  Salem  under  his  com- 
mand, respecting  which  Ebenezer  Elmer  records  in  a 
journal  of  the  date  “ Die  Solis  10  Deer.,  1775.  Went 
to  meeting  at  Greenwich.  Mr.  Hollinshead  preached. 
Capt.  Howell’s  soldiers  there ; came  and  went  awray 
in  form.  Die  Mercarii  13  mo.  Clear  and  cold ; the  sol- 
diers went  on  board  the  Greenwich  packet  at  evening 
to  sail  for  Burlington.  Die  Jovis  14  mo.  Cloudy  day ; 
the  soldiers,  captain  and  all,  went  in  the  dead  of 
night  off,  on  foot,  to  get  clear  of  their  creditors ; their 
going  aboard  of  the  vessel  turned  out  only  a sham.” 

The  regiment  of  Continental  troops  in  which  he 
was  a captain  was  ordered  to  Canada.  A letter,  ad- 
dressed to  his  brother  Lewis,  has  been  preserved, 
which  gives  some  account  of  his  proceedings  and  his 
feelings.  It  is  as  follows  : — 

N 

“ Mt.  Independence,  26  September , 1776. 

“I  know  by  Harper,  of  the  Fourth  Pennsylvania  battalion,  that 
you  have  received  letters  from  me,  and  though  at  New  York  you 


104 


REMINISCENCES  OF  NEW  JERSEY. 


never  wrote  to  me,  notwithstanding  you  must  have  been  assured  that 
I was  at  Ticonderoga.  I received  one  letter  from  my  father,  and 
one  from  George  Evans,  all  the  friends  I have  that  ever  recollected 
I was  yet  in  being,  all  to  whom  I had  written  this  month  past.  It 
seems  as  if  you  really  submitted  to  the  supposition  that  I was  lost 
in  Canada,  and  thought  it  not  worth  while  to  make  inquiry. 

“ As  to  the  affairs  of  Canada,  you  have  heard  them  I doubt  not ; 
if  you  have  not,  I cannot  tell  you,  only  I had  the  honor  to  fire  the 
first  gun  on  the  plains  of  Abram,  before  the  retreat  — an  unhappy 
affair.  We  know  what  it  is  to  flee  for  miles  before  an  enemy  of 
three  to  one,  furnished  with  everything ; wliile  we  were  reduced 
sometimes  to  one  quart  of  meal,  bran  and  all,  a man. 

“ Before  Quebec  we  had  not  at  any  time  that  day  two  hundred 
men  to  attack  the  enemy,  at  least  seven  hundred  strong.  Nothing 
could  be  done ; all  that  was  done  I did  with  twenty  men,  who  gave 
them  a close  fire,  and  it  was  said  by  M’ Clean  that  he  lost  seven 
men  that  day,  and  I gave  the  only  fire  that  was  given.  The  Trois 
River  affair  I was  not  at,  having  been  taken  sick ; but  every  other 
difficulty  of  Canada  I shared.  I have  been  sick  twice  only,  which 
was  extraordinary,  remembering  the  difficulties.  Ticonderoga  has 
been  a scene  of  bad  usage  to  our  regiment.  The  colonel,  one  of 
the  most  patient  and  brave  men  in  our  regiment,  by  his  plain,  hon- 
est resentment  of  an  injurious  aspersion  from  General  Gates,  has 
laid  himself  and  us  under  his  displeasure.  But  this  we  cheerfully 
submit  to,  as  we,  as  well  as  all  who  have  seen  Colonel  Maxwell’s  ser- 
vices in  Canada,  know  him  to  deserve  General  Gates’  highest  com- 
plaisance, not  his  displeasure.  I have  been,  by  some  extraordinary 
means,  advanced  to  the  rank  of  major  of  brigade.  I would  not, 
nevertheless,  give  up  my  company  in  a standing  regiment  for  such 

employment.  I will  return  with  the  regiment  if  possible,  and 

hope  you  will  not  (and  to  you  only  I can,  or  ever  have  mentioned 
such  a thing)  let  an  opportunity  pass  to  procure  me  a station  in  the 
future  campaign,  equal  to  my  present  rank.  I have  done  nothing 
extraordinary  to  merit  it,  for  I have  had  no  opportunity  ; but  have 
done  more  than  any  other  when  I have  been  where  anything  could 
be  done.  The  nature  of  the  service  I am  acquainted  with  pretty 
well,  as  nothing  can  be  done  in  camp  where  I am  without  making 
myself  acquainted  with  it.” 

I do  not  know  in  what  capacity  Lewis  was  serving 
in  the  army  at  this  time.  In  the  succeeding  winter 


RICHARD  HOWELL. 


105 


he  was  appointed  surgeon  of  the  second  Jersey  reg- 
iment, as  then  arranged  under  the  command  of  Colo- 
nel Shrieve,  of  which  Richard  became  the  major; 
my  father,  Ebenezer  Elmer,  being  the  surgeon’s  mate, 
afterwards  on  the  death  of  Lewis  Howell  promoted 
to  be  surgeon.  At  New  York  our  army  had  been  un- 
successful. General  Washington,  in  a letter  to  his 
brother  of  November  19,  1776,  says : “You  can  form 
an  idea  of  the  perplexity  of  my  situation.  No  man 
I believe  ever  had  a greater  choice  of  difficulties,  and 
less  means  to  extricate  himself  from  them.”  Never- 
theless Carle  ton,  after  occupying  Crown  Point,  re- 
turned to  Canada  without  attempting  anything  fur- 
ther. The  forces  raised  for  this  northern  campaign 
had  been  enlisted  to  serve  a year,  and  some  of  them 
agreed  to  remain  six  months  longer,  but  not  the 
Jersey  troops. 

Colonel  Maxwell  wrote  to  the  governor  and  coun- 
cil of  New  Jersey  as  follows  : — 

“ Point  Independence,  October , 18,  1776. 

“Gentlemen,  — Agreeably  to  your  instructions,  sent  by  Hon. 
John  Cleve  Symmes  and  Tunis  Dey,  I have  furnished  them  with 
the  necessary  returns.  Clothing  I did  not  think  worthy  of  mention- 
ing, as  they  are  chiefly  worn  out.  I have  likewise  given  them  a 
list  of  those  officers  that  choose  to  continue  in  the  service  during 
the  war.  I am  sorry  to  inform  you  that  there  is  not  one  man 
willing  at  present  (nor  do  I think  they  will  while  here)  to  engage  to 
stay  at  this  place  during  the  winter.  I have  laid  before  them  every 
proposal  the  Continental  Congress  has  made  them,  the  great  care 
your  honorable  house  is  taking  to  provide  them  warm  clothing,  and 
the  glorious  cause  we  are  engaged  in,  but  all  to  no  purpose.  They 
generally  say  they  will  engage  as  soon  as  they  go  home,  and  I be- 
lieve they  will.  This  being  the  first  year  of  their  service,  and  as 
• it  has  been  so  severe  a one,  and  now  a contract  offered  that  they 
know  not  when  it  will  end,  it  may  be  easily  conceived  they  will  re- 
quire a little  time  to  deliberate. 


106 


REMINISCENCES  OF  NEW  JERSEY. 


“ I have  the  pleasure  to  inform  you  that  I have  in  general  as 
good  a set  of  officers  as  there  is  in  any  battalion  in  the  Continental 
service,  and  of  course  they  will  make  good  soldiers,  what  we  have 
still  remaining  in  health,  I believe  there  is  none  better.” 

This  testimony  is  the  more  valuable  from  the  fact 
that  many  of  the  officers  fresh  appointed,  as  is  gen- 
erally the  case  in  all  wars,  were  incompetent.  Wash- 
ington, in  his  letter  to  his  brother,  before  quoted, 
says:  “The  different  States,  without  regard  to  the 
qualifications  of  an  officer,  quarreling  about  the  ap- 
pointments, and  nominating  such  as  are  not  fit  to  be 
boot-blacks,  from  the  local  attachments  of  this  or  that 
member  of  assembly.” 

Upon  the  new  organization  of  the  New  Jersey 
regiments,  Maxwell  was  promoted  to  be  brigadier- 
general,  and  Howell  to  be  major.  Maxwell’s  brigade 
took  an  active  part  in  the  battle  of  the  Brandywine, 
at  which  both  of  the  brothers  were  present.  He  sus- 
tained a loss  of  forty  killed  and  wounded,  Colonel 
Shrieve  being  badly  wounded.  Lewis  was  taken  pris- 
oner, but  escaped,  and  in  doing  so  drew  upon  himself 
the  fire  of  a platoon,  several  balls  passing  through  his 
cap  and  coat  without  touching  him. 

On  the  day  of  the  battle  of  Monmouth,  June,  1778, 
Lewis  died  from  an  attack  of  fever,  at  a small  tavern 
not  far  from  the  place  of  the  engagement.  He  sent 
word  on  the  previous  day  to  his  brother,  the  major, 
that  he  wished  to  see  him,  and  to  come  at  once,  if  he 
expected  to  see  him  alive.  This  induced  him  to  ask 
permission  of  Maxwell  to  do  so.  “Yes,  yes,”  said 
the  old  Scotchman,  “ go  and  see  your  brother ; it 
happens  very  well  for  you ; we  will  have  a hard  day’s 
fight  to-morrow.”  This  taunt  prevented  his  going ; 
he  was  a thorough  soldier ; so  he  stayed  and  fought 


RICHARD  HOWELL. 


107 


out  the  battle.  When  he  went  the  next  day  he 
found  his  brother  dead.  This  incident  is  stated  on 
the  authority  of  a nephew,  who  had  heard  it  from 
his  father. 

He  did  not  remain  much  longer  in  the  army ; but 
was  licensed  as  an  attorney  in  April,  1779,  and  re- 
turned to  Cumberland,  where  he  appears  to  have 
lived  several  years,  it  being  stated  that  three  of  his 
children  were  born  in  that  county  in  1780,  1782,  and 
1783.  He  married  a daughter  of  Joseph  Burr,  of 
Burlington  County,  in  November,  1779.  His  name 
appears  frequently  during  these  years,  as  an  attor- 
ney on  the  records  of  Cumberland  and  Salem. 

A letter  from  one  of  his  brothers,  written  to  one 
of  his  sons,  arid  dated  May  24,  1837,  says  : — 

“ His  resignation  was  occasioned  by  a special  request  from  Gen- 
eral Washington,  who  immediately  ordered  him  to  transact  certain 
duties  of  a private  nature,  which  he  could  not  perform  while  holding 
a military  commission  from  Congress.  The  nature  of  that  business, 
I am  bound  under  the  strongest  obligation  not  to  reveal,  even  to  his 
own  children.  I do  not  mention  the  last  case,  as  supposing  it  will 
have  any  weight  respecting  your  claim  on  the  State,  but  merely  that 
you  may  know  his  reasons  for  resigning  his  commission  after  serving 
through  the  most  trying  scenes  of  the  war.  The  nature  of  this  pri- 
vate business  created  strong  suspicions  of  his  patriotism  in  the  minds 
of  many  who  were  strangers  to  his  authority  for  so  doing ; so  much 
so,  that  he  was  arrested  in  his  father’s  house  for  high  treason,  high 
misdemeanor,  or  whatever  legal  term  the  law  uses  in  such  cases,  be- 
fore the  supreme  court  of  New  Jersey,  Judge  Brearly  then  presiding. 
He  was  then  obliged  to  produce  his  commission,  and  the  judge  on  the 
sight  thereof,  not  only  discharged  him  from  arrest,  but  ordered  every 
proceeding  in  the  case  to  be  erased  from  the  minutes  of  the  court. 
Thus  you  see,  my  dear  sir,  though  your  father’s  resignation  may 
operate  against  your  claim,  it  has  in  no  shape  tarnished  his  military 
character.  He  was  recognized  by  his  companions  as  one  of  their 
most  shining  characters,  and  if  I have  not  been  wrongly  informed, 
died  a member  of  the  Cincinnati.” 


108 


REMINISCENCES  OF  NEW  JERSEY. 


This  reticence  of  his  brother,  at  a period  so  long 
after  the  transaction  referred  to,  when  it  would  seem 
impossible  that  the  truth  could  do  any  harm,  is  some- 
what characteristic  of  the  respectable  gentleman  who 
writes  the  letter,  who  was  well  known  to  me.  It  is 
certain  from  the  after  career  of  Howell,  that  his 
character  did  not  suffer  by  his  resignation.  The 
private  business  in  which  he  was  employed  by  Gen- 
eral Washington,  in  all  probability,  was  the  being 
engaged  in  obtaining  intelligence  of  the  proceedings 
of  the  British  commanders  at  New  York  and  else- 
where, to  effect  which  it  is  well  known  that  he 
was  obliged  to  resort  to  many  contrivances.  Many 
years  ago,  I often  heard  my  father  and  others  who  had 
served  in  the  Kevolutionary  army,  jokingly  remind 
Dr.  Shute,  a highly  respectable  physician  of  Bridge- 
ton,  of  a scrape  into  which  he  got,  arising  from  these 
contrivances  in  regard  to  the  spies  relied  upon  in  that 
delicate  and  dangerous  service.  A peddler  who  was 
engaged  in  bringing  clothes,  etc.,  from  out  of  the  Brit- 
ish lines  and  selling  them,  contrary  to  law,  and  who 
was  required  to  be  arrested  by  our  officers  wherever 
found,  having  been  captured  and  confined  in  the 
guard-house,  he  was  put  in  charge  of  Shute,  then  quite 
young,  a subaltern  officer,  who  had  been  but  a short 
time  in  the  service.  Late  in  the  evening  a woman  of 
large  dimensions  came  with  an  order  from  General 
Dayton,  to  be  permitted  to  see  her  husband,  the  ped- 
dler, and  she  was  of  course  admitted.  After  a short 
time  Shute  was  alarmed  by  her  cries  of  distress,  and 
informed  that  she  must  have  assistance.  Before  he 
had  made  up  his  mind  what  to  do,  however,  to  his 
great  relief  he  was  informed  she  was  better,  and 
ready  to  depart,  which  he  was  glad  to  permit  her  to 


RICHARD  HOWELL. 


109 


do.  In  the  morning  it  appeared  the  peddler  spy  had 
escaped,  and  his  pretended  wife  had  remained.  Lieu- 
tenant Shute  was  put  under  arrest,  and  terribly 
frightened ; but  after  a few  days,  in  consideration  of 
his  youth  and  inexperience,  was  let  off  with  a private 
reprimand.  In  process  of  time,  it  became  well  known 
that  General  Dayton,  who  was  much  trusted  by 
Washington,  had  purposely  caused  a young  officer  to 
be  detailed  to  command  the  guard,  and  had  procured 
the  woman  to  personate  the  wife  of  his  spy,  that  he 
might  thus  enable  him  to  escape,  without  his  secret 
employment  becoming  known. 

In  September,  1788,  Mr.  Howell  was  elected  clerk 
of  the  supreme  court,  having  a short  time  before 
taken  up  his  residence  in  Trenton.  He  took  a leading 
part,  Governor  Livingston  being  absent,  in  getting  up 
the  proceedings  of  the  citizens  of  Trenton  on  the  21st 
of  April,  1789,  upon  “ receiving  his  excellency  George 
Washington,  President  of  the  United  States,  on  his 
route  to  the  seat  of  federal  government,”  a very  good 
account  of  which  was  published  in  the  “ Columbian 
'Magazine,”  published  at  Philadelphia,  with  an  engrav- 
ing giving  a well  executed  view  of  the  triumphal 
arch  erected  at  the  bridge  over  the  Assanpink,  the 
same  place  at  which  the  army  under  Washington’s 
command  had  repulsed  the  enemy. 

Upon  the  appointment  of  Paterson  as  judge,  in 
1793,  Richard  Howell  was  elected  by  the  joint  meet- 
ing, governor,  receiving  twenty-five  votes,  the  remain- 
ing twenty-three  being  divided  between  Frelinghuy- 
sen  and  Rutherfurd,  and  continued  to  be  reelected 
yearly,  generally  unanimously,  until  IS 01,  when  the 
Republican  party  having  obtained  the  ascendency  in 
the  State,  he  being  ranked  among  the  Federalists  was 


110 


REMINISCENCES  OF  NEW  JERSEY. 


succeeded  by  Joseph  Bloomfield.  While  he  held  the 
office  of  governor,  in  the  year  1794,  President  Wash- 
ington having  called  out  a large  body  of  the  militia 
to  suppress  what  was  called  the  Whiskey  Insurrection, 
in  the  western  part  of  Pennsylvania,  he  took  com- 
mand of  those  sent  from  New  Jersey,  and  was  by 
General  Washington  assigned  the  command  of  the 
right  wing  of  the  army,  his  successor  in  the  office 
of  governor  having  the  command  under  him  as  a 
brigadier-general.  Happily  the  insurgents  attempted 
no  armed  resistance,  and  the  object  of  vindicating 
the  law  was  effected  without  bloodshed. 

The  following  is  an  extract  from  one  of  his  orders, 
issued  at  Laurel  Hill,  October  27,  1794,  as  recorded  by 
Major  Gould,  in  his  journal  of  the  expedition : — 

“ The  troops  of  New  Jersey  are  scandalized  by  the  petty  pilfer- 
ings  of  a few  who  dishonor  their  fathers  and  their  State,  and  every 
individual  suffers  for  the  faults  of  a few.  All  are  hereby  instructed 
to  suppress  the  ignominious  practice.  The  orders  of  General  Lee, 
including  the  letter  of  the  President,  and  those  issued  since  the 
march  to  Bedford,  which  respect  the  detachment,  are  to  be  distinctly 
read  to  the  troops  this  evening,  and  obedience  unfeigned  by  the 
captains,  on  whom  depends  the  conduct  of  the  men.” 

These  troops  were  dismissed  by  an  order  of  General 
Washington,  dated  at  Pittsburg,  November  17,  1794, 
in  which  he  directs  that  on  the  next  Thursday,  at 
the  hour  of  eight  a.  m.,  the  New  Jersey  line  should 
move  under  the  command  of  his  excellency  Governor 
Howell,  who  will  be  pleased  to  pursue  from  Bedford 
such  routes  as  he  may  find  most  convenient. 

Governor  Howell,  although  not  a poet  of  the  high- 
est order,  was  accustomed  to  write  songs  and  other 
fugitive  pieces,  not  without  merit.  The  following  lines 
were  composed  to  be  sung  by  the  soldiers  on  this 
occasion,  and  are  said  to  have  been  at  the  time  very 
popular  : — 


RICHARD  HOWELL. 


Ill 


“ To  arms,  once  more  our  hero  cries, 

Sedition  lives  and  order  dies ; 

To  peace  and  ease  then  bid  adieu, 

And  dash  to  the  mountains,  Jersey  Blue. 

“ CHORUS. 

“ Dash  to  the  mountains,  Jersey  Blue, 

Jersey  Blue,  Jersey  Blue, 

And  dash  to  the  mountains,  Jersey  Blue. 

“ Since  pround  ambition  rears  its  head, 

And  murders  rage,  and  discords  spread ; 

To  save  from  spoil  the  virtuous  few, 

Dash  over  the  mountains,  Jersey  Blue. 

Dash  to  the  mountains,  Jersey  Blue,  etc. 

“ Roused  at  the  call,  with  magic  sound 
The  drums  and  trumpets  circle  round, 

As  soon  as  the  corps  their  route  pursue  ; 

So  dash  to  the  mountains,  Jersey  Blue. 

Dash  to  the  mountains  Jersey  Blue,  etc. 

• 

“ Unstained  with  crime,  unused  to  fear, 

In  deep  array  our  youths  appear  ; 

And  fly  to  crush  the  rebel  crew, 

Or  die  in  the  mountains,  Jersey  Blue. 

Dash  to  the  mountains,  Jersey  Blue,  etc. 

“ The  tears  bedew  the  maidens’  cheeks, 

And  storms  hang  round  the  mountains  bleak  ; 

’Tis  glory  calls,  to  love  adieu, 

Then  dash  to  the  mountains,  Jersey  Blue. 

Dash  to  the  mountains,  Jersey  Blue,  etc. 

“ Should  foul  misrule  and  party  rage 
With  law  and  liberty  engage, 

Tush  home  your  steel,  you’ll  soon  review 
Your  native  plains,  brave  Jersey  Blue. 

Dash  to  the  mountains,  Jersey  Blue,  etc.” 

During  his  time,  the  house  on  what  was  then  called 
Market,  now  State  Street,  in  Trenton,  was  purchased 
for  the  permanent  residence  of  the  governor,  and 


112 


REMINISCENCES  OF  NEW  JERSEY. 


was  occupied  by  Governor  Howell.  But  little  is 
known  of  his  situation  after  he  ceased  to  he  governor; 
only  that  he  returned  to  the  practice  of  the  law.  None 
of  his  opinions  as  chancellor,  have  been  published  ; 
and  such  is  the  state  of  the  old  chancery  rolls  that 
it  would  require  more  patient  labor  than  it  is  worth 
to  undertake  to  decipher  them.  The  business  of  that 
court,  in  his  day,  compared  with  the  present,  was  un- 
important, although  it  occasionally  happened  that  a 
case  of  some  interest  was  brought  before  him. 

The  following  lines  are  said  to  have  been  inscribed 
under  a portrait  of  him,  by  some  unknown  friend,  and 
probably  express  his  general  character  : — 

“ Howell  for  social  virtues  famed  afar, 

Shone  in  the  ranks  and  urged  the  dreadful  war ; 

His  graceful  form  expressed  a noble  mind. 

The  soul  of  honor,  friend  of  human  kind.” 

► 

He  was  undoubtedly  a man  of  free  and  easy  address, 
very  popular,  although  somewhat  affected  by  his  army 
habits.  He  was  very  fond  of  the  athletic  exercises 
common  in  his  day,  — now  disused,  it  is  to  be  feared, 
to  the  physical  injury  of  the  present  race  of  Ameri- 
cans,— such  as  pitching  quoits  and  playing  ball;  and 
even  while  governor  could  often  be  found  in  the  alley 
then  generally  attached  to  the  inns.  He  was  also  fond 
of  riding  a good  horse,  and  used  to  tell  with  some  glee, 
that  once,  while  riding  from  Bordentown  to  Trenton, 
a black  fellow  came  out  of  the  gate  of  William  Pear- 
son’s farm,  adjoining  the  road,  mounted  on  a good 
horse,  and  seeing  the  governor,  addressed  him,  — 

“ Massa  rides  a nice  horse,  but  I guess  Massa  Pear- 
son’s bay  mare  can  outtrot  him.” 

"If  you  think  so,  Dick,  let’s  try,”  replied  the  gov- 
ernor. 


RICHARD  HOWELL. 


113 


“ Yes,  massa;  whichever  gets  first  to  the  Blooms- 
bury road  shall  win  a dollar.” 

This  was  agreed  to,  and  they  started ; but  before 
they  got  to  the  designated  goal,  the  governor,  find- 
ing he  was  much  ahead,  looked  around  and  saw  that 
Dick  had  turned  tail,  and  was  making  the  best  of  his 
way  back  to  Massa  Pearson’s.  The  governor  never 
got  his  dollar. 

He  died  at  his  residence,  near  Trenton,  May  5, 
1803,  at  the  early  age  of  forty-nine.  He  had  nine 
children,  of  whom  some  died  in  infancy.  Richard, 
born  in  1794,  was  in  1812  a lieutenant  in  the  fif- 
teenth regiment  of  infantry,  and  was  aid  to  General 
Pike  when  he  was  killed  at  the  blowing  up  of  Fort 
George,  in  Canada.  William  was  lieutenant  in  the 
marine  corps,  and  Franklin  was  a lieutenant  in  the 
navy,  and  was  killed  on  board  the  frigate  President. 
Mrs.  Jefferson  Davis,  whose  husband  was  president  of 
the  “ Confederate  States,”  is  a granddaughter. 

8 


CHAPTER  Y. 


GOVERNORS  I HAVE  KNOWN. 

JOSEPH  BLOOMFIELD.  AARON  OGDF.N. 

JOSEPH  BLOOMFIELD  was  governor  and  chan- 
cellor from  1801  to  1812.  I first  visited  Trenton 
in  the  year  1804.  The  bridge  at  South  Trenton  had 
been  just  commenced ; the  stage  crossed  the  Dela- 
ware just  below  where  the  bridge  now  is,  in  a scow. 
I was  a boy  of  about  eleven,  years,  and  went  with  my 
father,  an  old  companion  in  arms  of  the  governor, 
and  his  life-time  friend.  He  lived  then  in  the  gov- 
ernment house,  situate  on  what  was  then  called  Mar- 
ket Street,  now  State  Street,  the  house  having  since 
been  altered  and  occupied  as  a hotel.  He  live^l  in 
very  handsome  style,  suitable,  as  I thought,  for  a 
governor  ; had  a large,  well  maintained,  productive 
garden,  with  a brick  office  near  the  house  standing 
where  Chancery  Lane  now  is,  and  kept  a gardener, 
coachman,  and  footman.  We  were  received  as  accept- 
able guests,  treated  with  much  attention  by  him  and 
Mrs.  Bloomfield,  who  had  no  children  of  their  own. 
I was  diverted  with  a magic  lantern,  the  first  I had 
seen.  The  governor  wore  his  hair  powdered  and  a 
cue,  according  to  the  fashion  of  an  earlier  day,  then 
beginning  to  be  discarded,  and  was  a good-looking 
man,  dignified  and  courteous  in  his  manners.  The 
visit  has  always  been  remembered,  as  one  of  the 
pleasant  events  of  my  life. 


JOSEPH  BLOOMFIELD. 


115 


He  was  the  son  of  Dr.  Moses  Bloomfield,  and  was 
born  at  Woodbridge,  Middlesex  County,  in  the  year 
1755.  While  a youth,  he  was  sent  to  a classical 
school,  taught  by  the  Rev.  Enoch  Green,  at  Deerfield, 
Cumberland  County.  His  father  was  an  influential 
member  of  the  legislature  and  of  the  Provincial 
Congress  during  the  Revolution  ; and  married  for  his 
second  wife,  Mrs.  Ward,  a distant  relative  of  mine, 
the  widow  of  Dr.  Ward  of  Cumberland,  who  died  in 
1772.  After  he  left  the  school,  the  son  became  a 
student  of  law  with  Cortlandt  Skinner,  attorney- 
general  of  the  Province  of  New  Jersey,  a man  of 
high  standing  and  influence  as  a lawyer  and  as  a 
member  of  the  Assembly  and  council.  Attorney- 
generals  of  that  day  were  very  independent  of  pop- 
ular favor,  and  were  accustomed  to  sell  nolle  prosequis 
for  petty  offenses,  the  usual  price  being,  as  X was  told 
by  a person  who  said  he  purchased  one,  a half-joe,  a 
gold  coin  then  current,  of  the  value  of  eight  dollars. 
During  the  early  stages  of  the  struggle  for  independ- 
ence, Mr.  Skinner,  like  many  others  who  in  the  end 
became  Royalists,  was  strongly  opposed  to  the  en- 
croachments of  the  British  ministry.  But  he  soon* 
changed  his  course;  and  in  October,  1775,  wrote  to 
Governor  Boone,  who  gave  up  the  place  of  governor 
in  New  Jersey  for  a like  situation  in  South  Carolina, 
in  the  following  strain  : — 

“Taxes  and  a restraint  on  the  West  India  trade  are  most  likely 
to  force  the  colonists  into  manufactures,  and  put  independence  into 
their  heads.  They  are  on  the  high  road  to  it  now  ; and  though  ’tis 
true  that  they  have  not  strength  to  effect  it,  but  must  submit,  yet 
’tis  laying  the  foundation  for  great  trouble  and  expense  to  Britain, 
in  keeping  that  by  force  which  she  might  easily  do  without,  and 
alienating  a people  which  she  might  make  her  greatest  prop  and 
security.” 


116 


REMINISCENCES  OF  NEW  JERSEY. 


The  attorney-general  continued  to  occupy  his  po- 
sition during  the  year  1775,  although  the  object  of 
continued  distrust  and  suspicion  on  the  part  of  the 
determined  Whigs;  but  in  January,  1776,  a letter  of 
his  to  his  brother,  a lieutenant-colonel  in  England, 
was  discovered,  which  induced  the  Continental  Con- 
gress to  order  that  it  should  be  sent  to  the  commit- 
tee of  safety  of  New  Jersey,  and  that  orders  be  sent 
to  Lord  Stirling,  to  take  with  him  a sufficient  force 
and  immediately  apprehend  and  keep  in  safe  custody 
the  said  Cortland t Skinner  of  Amboy  until  further 
orders.  The  said  Cortlandt  Skinner,  however,  had 
taken  care  to  leave  the  colony,  and  take  refuge  on 
board  a man-of-war,  and  all  the  Provincial  Congress 
could  do  was  to  direct  their  treasurer  not  to  make 
any  further  payment  of  salary  to  him.  He  does  not 
appear  to  have  made  any  attempt  to  act  as  attorney- 
general  after  this.  He  no  doubt  confidently  ex- 
pected to  resume  the  position  before  many  years,  but 
the  opportunity  to  do  so  never  came. 

He  took  a commission  as  brigadier-general  from 
General  Howe,  with  authority  to  raise  five  battalions 
from  among  the  disaffected  of  New  Jersey,  of  which 
he  only  succeeded  in  obtaining  five  hundred  and 

seventeen.  He  did  all  he  could  to  aid  the  roval 

%/ 

cause,  and  after  the  Revolution  went  to  England  with 
his  family,  and  received  from  the  government  com- 
pensation for  his  forfeited  estate,  and  half-pay  for  life. 
He  died  at  Bristol,  in  1799,  at  the  age  of  seventy-one. 

Bloomfield  had  as  a fellow-student,  Andrew  Bell, 
of  Perth  Amboy,  who,  like  his  preceptor,  embraced 
the  royal  cause,,  although  he  did  not  afterwards  leave 
the  country.  In  1775,  he  was  licensed  as  an  attor- 
ney, and  soon  took  up  his  residence,  and  commenced 


JOSEPH  BLOOMFIELD. 


117 


the  practice  of  law  in  Bridgeton ; but  unlike  his  pre- 
ceptor and  fellow-student,  he  was  a decided  Whig,  and 
in  February,  1776,  was  commissioned  a captain  in 
the  third  New  Jersey  regiment,  commanded  by  Colo- 
nel Elias  Dayton.  My  hither  was  a subaltern  officer 
of  this  company.  A company  of  sixty-five  men  were 
recruited  in  the  county  to  serve  one  year,  and  on  the 
twenty-sixth  day  of  March  they  took  up  their  line 
of  march  to  join  the  northern  army  in  Canada.  A 
full  journal  was  kept  by  Lieutenant  Elmer,  which 
has  been  published  in  the  second  volume  of  the  pro- 
ceedings of  the  Historical  Society.  He  records : 
“ Marched  up  to  where  Daniel  Stretch  abused  us  (at 
Whig  Lane,  about  twelve  miles  from  Bridgeton),  for 
which  we  gave  him  a new  coat  of  tar  and  feathers, 
made  him  give  three  hearty  cheers  for  Congress,  and 
beg  our  pardon.”  On  the  third  of  April  they  reached 
Elizabethtown,  and  on  the  sixteenth  were  at  Amboy, 
where  they  remained  until  the  eighteenth  of  that 
month. 

It  is  remarked  by  Mr.  Whitehead,  at  page  106  of 
his  exceedingly  interesting  work,  “ Contributions  to 
the  Early  History  of  Perth  Amboy,”  that  the  “first 
duty  Captain  Bloomfield  undertook,  or  upon  which 
he  was  sent,  is  believed  to  have  been  the  arrest  of 
his  former  friend  and  adviser,  Mr.  Skinner.  It  is  to 
be  hoped  that  the  duty  was  delegated,  not  assumed. 
We  will  not  venture  to  analyze  the  feelings  with 
which  the  house  in  which  he  had  ever  found  a home 
was  carefully  searched,  in  the  hope  of  securing  the 
convicted  loyalist.  Fortunately  its  mistress  was  ab- 
sent ; but  it  was,  under  any  circumstances,  a trial  of 
no  ordinary  character  to  have  one  who  had  dwelt 
beneath  their  roof,  and  been  warmly  cherished,  thus 


118 


REMINISCENCES  OF  NEW  JERSEY. 


diligently  seeking  to  entrap  the  object  of  her  high- 
est regard,  particularly  as  there  was  no  reason  for 
presuming  Mr.  Skinner  to  be  in  Amboy.” 

There  is  no  doubt  that  the  captain  was  acting  in 
this  matter  under  precise  orders  to  search  for,  and  if 
possible  secure  Skinner,  as  it  appears  he  saw  Governor 
Livingston  on  his  route ; but  even  if  it  were  other- 
wise, and  he  is  to  be  considered  as  a volunteer  in  the 
attempt  to  arrest  his  old  master,  I do  not  see  that  he 
was  deserving  of  reproach.  He  had  embarked  in  a 
cause  that  put  his  own  neck  in  danger  of  a halter, 
which  those  Skinner  was  serving  would  not  have  hes- 
itated to  use,  had  their  success  been  such  as  would 
have  made  it  safe ; and  it  was  necessary  to  prevent 
him,  if  possible,  from  using  his  influence  to  increase, 
the  number  of  disaffected  persons,  whom  he  engaged 
in  enlisting  to  aid  in  cutting  the  throats  of  his  fellow- 
citizens.  It  is  not  alleged  that  the  duty  of  searching 
his  house  was  improperly  exercised ; and  there  is  no 
reason  to  suppose  that  any  violence  to  Skinner  was 
intended.  All  that  was  necessary,  or  that  was  pro- 
posed, was  to  deal  with  him  as  Franklin  had  been 
dealt  with ; that  is,  to  put  him  as  far  as  possible  out 
the  way  of  doing  harm. 

The  company  embarked  on  board  sloops  at  New 
York  on  the  third  day  of  May,  and  reached  Albany 
at  evening,  May  6th,  66  wet  and  weary.”  On  the  5th 
they  were  to  be  in  readiness  to  march  to  Quebec  ; 
but  the  news  of  the  retreat  from  Quebec  caused  a 
change  ; on  the  20th  a part  of  the  regiment  were  di- 
rected to  march  up  the  Mohawk,  a to  subdue  John- 
ston and  his  brood  of  Tories.”  In  the  evening  of 
May  19th,  Captain  Bloomfield  returned  to  Albany, 
with  Lady  Johnston  a prisoner,  bringing  news  that 


cles,  for  which  they  were  triea 
punished  ; one  of  the  officers  was  cashierec 
of  the  regiment  went  to  German  Flats  and  Fort  Stan- 
wix  (near  Home).  July  14th,  the  journal  of  Lieu- 
tenant Elmer  records  : — 


“ Captain  Bloomfield  returned  with  a whole  bag  full  of  news, 
lie  had  received  a letter  from  his  father,  in  which  was  inclosed  a 
Declaration  of  the  Continental  Congress,  passed  the  4th  day  of 
July,  declaring  the  colonies  free  independent  States,  which,  may 
God  prosper  and  protect.  Monday,  15th,  about  12  o’clock,  an  as- 
sembly was  beat  for  the  men  to  parade,  in  order  to  receive  a treat 
and  drink  the  States’  health.  When  having  made  a barrel  of  grog, 
the  Declaration  was  read,  and  the  following  toast  given  by  Parson 
Caldwell : * Harmony,  virtue,  honor,  and  all  prosperity  to  the  free 
and  independent  States  of  America  ; wise  legislators,  brave  and  vic- 
torious armies,  both  by  sea  and  land,  to  the  American  States.’ 
When  three  hearty  cheers  were  given,  and  the  grog  flew  round 
amain.” 

Shortly  after  this  General  Schuyler  arrived,  and 
the  journal  records  : — 

“ Captain  Bloomfield  had  four  men  constantly  guarding  the  gen- 
eral, day  and  night.”  (The  inexperienced  journalist  seems  to  have 
thought  this  a very  unnecessary  parade.)  “ Prayers  were  omitted 
this  evening,  as  the  parson  was  attending  the  general,  and  Captain 
B.  was  constantly  flirting  about  after  him.  After  tattoo  the  gen- 
eral and  parson  and  others  who  lodge  with  them  were  taken  up,  be- 
ing out  of  their  lodging  taking  a walk.  The  sergeant  of  the  guard 
being  called,  let  them  go  in,  with  a charge  not  to  be  out  so  late 
for  the  future.” 

Under  the  date  of  August  14,  the  journal  con- 
tains an  entry  stating  the  journalist’s  opinion  of 
the  officers,  a part  of  which  is  as  follows : “ Captain 


K 


journal,  m- 

,,;ion.  The  journalist  was  older 
superior  officer,  and  it  is  very  evident, 
from  several  statements  he  makes,  that  he  felt  a lit- 
tle sore  at  being  compelled  to  occupy  an  inferior 
position.  His  father  had  died  when  he  was  quite 
young,  and  his  education  had  been  very  much  neg- 
lected, so  much  so,  that  he  states  in  a short  autobi- 
ography, that  he  had  but  one  quarter's  schooling, 
until  past  the  age  of  twenty,  when  he  placed  himself 
under  tuition,  to  learn  the  practical  branches  of  a 
seafaring  life,  but  was  induced  by  his  brothers  to 
enter  upon  the  study  of  medicine,  with  his  brother,. 
Dr.  Jonathan  Elmer,  ten  years  older  than  himself, 
and  a thoroughly  educated  man.  He  was  a resolute 
man,  devoid  of  fear,  but  not  otherwise  well  qualified 
to  command  as  an  officer,  and  was  so  sensible  of  this 
that  at  the  close  of  the  year  for  which  he  entered,  he 
declined  remaining  in  the  line  ; but  took  a position 
as  a surgeon,  in  which  he  continued  to  the  end  of 
the  war.  Bein^;  a man  of  strong  intellect  and  a dili- 
gent  student,  he  became  an  excellent  surgeon,  well 
informed  in  politics,  and  an  active  influential  man  to 
the  end  of  his  life.  Notwithstanding  the  appearances 
of  dissatisfaction  in  the  journal,  Joseph  Bloomfield 
and  Ebenezer  Elmer  were  personal  and  political 
friends  during  their  joint  lives. 

Early  in  November  the  troops  marched  to  Ticon- 
deroga ; here  Captain  Bloomfield  was  appointed 
judge  advocate  of  the  Northern  Army.  At  this  post 


JOSEPH  BLOOMFIELD. 


121 


there  was  much  exposure  and  sickness,  the  cap- 
tain being  for  some  time  ill.  On  the  25th  of  Decem- 
ber he  left  for  home.  Shortly  after,  he  was  promoted 
to  be  major  of  the  third  regiment.  It  is  stated  in 
the  register  of  the  Cincinnati  of  New  Jersey,  that 
he  was  wounded,  but  upon  what  occasion,  I have  not 
been  able  to  ascertain.  His  regiment  was  at  the  bat- 
tle of  the  Brandywine,  and  actively  engaged  there, 
and  also  at  Monmouth.  Sometime  in  1778  he  ap- 
pears to  have  resigned  his  commission  in  the  army. 
In  the  fall  of  that  year  he  was  chosen  clerk  of  the 
Assembly,  and  he  was  for  several  years  register  of 
the  court  of  admiralty.  Upon  the  organization  of 
the  Society  of  Cincinnati  in  1783  he  was  enrolled  as 
one  of  the  members;  in  1794  he  was  elected  the 
vice-president,  and  in  1808  the  president. 

In  1783,  upon  the  resignation  of  William  Pater- 
son, he  was  elected  by  the  joint  meeting  attorney- 
general  of  the  State  ; was  reelected  in  1788,  and  re- 
signed in  1792,  being  then  succeeded  by  Aaron  D. 
Woodruff  During  the  time  he  held  this  office, 
courts  of  oyer  and  terminer  were  held  in  the  differ- 
ent counties,  usually  twice  a year,  but  in  some  only 
once,  and  by  virtue  of  a special  commission  issued 
by  the  governor,  which  designated  the  judges  who 
were  to  hold  it,  commonly  including  two  justices  of 
the  supreme  court ; and  these  courts  had  their  own 
clerks,  who  kept  records  of  their  proceedings,  many 
of  which  have  not  been  preserved.  The  attorney- 
general  attended  such  of  these  courts  and  the  courts 
of  quarter  sessions  as  he  conveniently  could,  and 
having  only  a nominal  salary  of  thirty  pounds  a year, 
derived  his  support  from  the  fees  allowed,  which 
were  twenty-five  shillings  for  a conviction  in  a capi- 


122 


REMINISCENCES  OF  NEW  JERSEY. 


tal  case,  and  fifteen  shillings  in  other  cases,  and  one 
fourth  more  for  services  in  king’s  cases,  than  other  at- 
torneys for  like  services.  As  costs  were  then  allowed 
to  be  taxed  for  motions,  etc.,  when  there  was  an  ac- 
quittal, as  well  as  in  cases  of  conviction,  the  remune- 
ration of  a prosecuting  attorney  in  criminal  cases 
probably  averaged  quite  as  much  then  as  now,  allow- 
ing for  the  difference  in  the  value  of  money.  For 
the  courts  which  the  attorney-general  did  not  attend 
in  person,  he  was  accustomed  to  appoint  deputies. 

Soon  after  his  retirement  from  the  army,  Bloom- 
field married  Miss  Mary  Mcllvaine,  a daughter  of 
Dr.  William  Mcllvaine  of  Burlington,  and  sister  (I 
believe)  of  Joseph  Mcllvaine,  Esq.  He  settled  in 
that  place,  and  made  it  his  home  when  not  absent  in 
the  public  service.  During  his  life  he  was  much  re- 
spected as  a man  of  integrity,  and  great  courtesy  of 
manners,  “benevolent  in  little  things,”  as  it  is  termed 
most  happily  by  Chesterfield.  He  was  mayor  of  the 
city  several  years,  and  lived  in  the  style  of  a gentle- 
man of  fortune.  In  1783  he  was  appointed  register 
of  the  court  of  admiralty,  established  by  the  State. 
In  1793  he  was  chosen  one  of  the  trustees  of  Prince- 
ton College,  a place  which  he  resigned  when  he  be- 
came ex-officio  president  of  the  board  as  governor ; 
and  in  1819  he  was  chosen  anew,  holding  the  office 
until  his  decease.  He  was  a general  of  militia,  and 
in  1794  took  the  field  as  commander  of  a brigade 
of  militia,  called  into  service  to  quell  the  Whiskey 
Insurrection  in  Pennsylvania,  proceeding  with  the 
troops  into  the  immediate  neighborhood  of  Pitts- 
burg, and  accomplishing  the  object  intended  with- 
out bloodshed.  In  1792  he  was  appointed  by  the 
legislature  one  of  the  presidential  electors,  and  gave 


JOSEPH  BLOOMFIELD. 


123 


his  vote  with  his  associates  for  Washington  and 
Adams.  In  1796  he  was  not  appointed  an  elector, 
perhaps  because  thus  early  he  had  shown  that  he 
was  not  favorable  to  the  election  of  Adams,  the 
Federal  candidate. 

During  his  residence  in  Burlington  he  was  an 
active  member  and  president  of  the  “ New  Jersey 
Society  for  the  Abolition  of  Slavery.”  This  society 
was  very  different  from  those  abolition  societies 
which  have  sprung  up  in  modern  times,  and  may  be 
truly  stated  to  have  been  fanatical  in  their  character  ; 
whose  benevolence  has  been  justly  characterized  4s 
“a  benevolence  of  hate,”  who  for  the  attainment 
of  their  object  did  not  hesitate  to  revile  the  Christian 
Church,  and,  to  use  their  own  language,  “ spit  upon 
the  constitution”  that  protected  them  ; and  who  were 
permitted  by  the  supreme  ruler  of  the  universe  to 
accomplish  a good  end  by  unholy  means.  And  this  I 
say  to  record  my  protest  against  one  of  the  most  com- 
mon errors  into  which  fallible  men  are  prone  to  fall, 
that  the  end  sanctifies  the  means.  The  societies  of 
1780  took  no  measures  to  aid  the  slaves  in  escaping 
from  their  masters,  but  confined  themselves  to  pro- 
tecting them  from  abuse,  and  to  aiding  their  manu- 
mission by  legal  proceedings.  Writs  of  habeas  cor- 
pus were  sued  out,  and  many  negroes  claimed  as 
slaves  were  declared  by  the  supreme  court  of  the 
State  to  be  free ; indeed,  it  appears  by  a pamphlet 
published  by  the  society,  that  it  was  held  that  a mere 
promise  of  the  master  to  free  his  slave,  was  sufficient. 
These  decisions  probably  produced  the  act  of  1798, 
regulating  slavery,  and  prescribing  a formal  mode  of 
manumission,  which  remained  in  force  until  the  act 
of  1804  altered  it  in  part,  and  provided  for  the 


124 


REMINISCENCES  OF  NEW  JERSEY. 


gradual  abolition  of  slavery.  In  1704,  several  of  the 
societies  met  at  Philadelphia,  Bloomfield  being  one  of 
the  representatives  of  the  Jersey  society,  and  adopted 
resolutions  and  addresses  strongly  objecting  to  the 
continuance  of  slavery,  and  advocating  its  speedy 
abolition. 

Whatever  may  have  been  his  previous  leaning, 
General  Bloomfield,  in  1 SO  1,  took  a decided  stand 
on  the  side  of  the  Republicans,  as  a supporter  of  Mr. 
Jefferson,  and  presided  at  a meeting  of  that  party, 
held  at  a place  then  called  Slabtown,  now  Jackson- 
ville, near  Mount  Holly,  and  afterwards  when  elected 
governor,  was  called  by  his  violent  opponents,  who 
accused  him  of  being  a deserter,  the  “ Slabtown 
governor.”  The  charge  of  desertion  was  no  more 
applicable  to  him  than  to  a majority  of  his  polit- 
ical friends.  They  had  great  reverence  for  the  vir- 
tues and  judgment  of  Washington,  and  so  long  as 
he  remained  at  the  head  of  affairs,  and  indeed  during 
his  life,  were  reluctant  to  oppose  any  measure  he  was 
led  to  sanction,  even  when  they  thought  he  had  fol- 
lowed unsafe  counselors.  But  when  the  party  calling 
themselves  Federalists  became  more  and  more  violent 
and  proscriptive,  as  they  did  during  the  presidency  of 
Adams,  it  was  to  be  expected  that  many  of  the  true 
friends  of  well  regulated  liberty  would  desert  them. 
It  appears  that  Bloomfield,  as  one  of  a committee  of 
the  New  Jersey  Society  of  the  Cincinnati,  Colonel 
Ogden  and  General  Giles  being  the  others,  reported 
an  address  to  President  John  Adams,  on  the  fourth  of 
July,  1798,  which  was  unanimously  adopted,  in  which 
they  address  him,  as  they  say,  “ for  the  purpose  of 
expressing  our  entire  satisfaction  with  his  administra- 
tion of  the  government,  and  in  particular  as  it  relates 


JOSEPH  BLOOMFIELD. 


125 


to  the  injuries  and  insults  which  had  been  received 
from  the  French  Republic,  as  also  of  making  assur- 
ance of  our  readiness  again  to  take  the  field  in  obe- 
dience to  any  call  of  our  country,  in  vindication  of 
its  national  honor,  and  in  support  of  that  independ- 
ence, for  the  establishment  of  which  we  patiently  en- 
dured the  toils,  hardships,  and  dangers  of  an  eight 
years’  war.” 

The  main  object  of  this  address  was  to  express 
their  resentment  of  the  arrogant  conduct  of  France, 
and  to  show  their  willingness  as  soldiers,  a^ain  to  take 
the  field.  Many  of  those  who  ranged  themselves  on 
the  republican  or  democratic  side,  were  no  doubt  car- 
ried away  with  an  undue  favor  for  the  leaders  of  the 
French  Revolution;  but  this  was  not  the  case  with 
all,  and  probably  not  even  of  a majority  of  them. 
And  it  must  be  remembered  that  those  justly  ob- 
noxious measures,  the  sedition  and  alien  laws,  had 
not  then  been  passed,  nor  had  Hamilton  exposed  the 
weakness  inherent  in  the  character  of  John  Adams, 
as  he  afterwards  did. 

It  is  certain  that  a political  change  had  become  in- 
evitable at  the  opening  of  the  present  century,  and 
in  the  providence  of  God,  a man  was  raised  up,  en- 
dowed with  the  opinions  and  the  talents  necessary  to 
lead  the  movement.  The  best  abused  politician  the 
country  has  produced,  was  certainly  Thomas  Jeffer- 
son. Whatever  opinion  we  may  now  form  of  his  polit- 
ical principles,  — and  it  must  be  admitted  that  like 
most  great  reformers  he  held  some  of  them  in  ex- 
cess, as  for  instance,  when  he  wrote,  “ God  forbid  we 
should  ever  be  twenty  years  without  a rebellion ; 
what  country  can  preserve  its  liberties,  if  rulers  are 
not  warned  from  time  to  time  that  people  preserve 


126  £ REMINISCENCES  OF  NEW  JERSEY. 

the  spirit  of  resistance,” — he  was  no  demagogue,  but 
a true  patriot,  who  thoroughly  believed  the  doctrines 
he  inculcated,  and  did  not  profess  them  merely  to  win 
the  popular  applause.  From  the  beginning  to  the 
end  of  his  career  he  never  faltered,  but  adhered  to  his 
opinions  with  undeviating  firmness.  This  obvious 
trait  of  his  character,  joined  to  his  great  influence 
over  the  opinions  of  others  by  his  conversation  and 
his  writings,  for  he  never  shone  as  a speaker,  was  in- 
deed what  made  him  so  extremely  obnoxious  to  those 
from  whose  hands  he  snatched  the  reins  of  power; 
who  hated  him  because  they  feared  him,  and  knew  he 
could  not  be  won  by  flattery,  nor  terrified  by  menaces. 

The  other  great  man  of  that  day,  and  in  some 
respects  the  superior  man  of  'the  two,  was  Alexander 
Hamilton.  He  favored  a strong  government,  and  re- 
lied especially  upon  the  influence  of  the  money  power 
of  the  country  to  secure  it.  As  is  so  well  stated  by 
Mr.  Van  Buren,  in  his  work  entitled  “ Inquiry  into  the 
Origin  and  Progress  of  Political  Parties  in  the  United 
States,”  the  wonder  is,  considering  their  origin  and 
training,  that  Jefferson  was  not  the  aristocrat  and 
Hamilton  the  democrat.  But  the  contrary  was  the 
fact.  Neither  of  them  were  Anti-federalists,  in  the 
sense  of  being  opposed  to  the  adoption  of  the  consti- 
tution prepared  by  the  convention ; but  they  were, 
both  of  them,  dissatisfied  with  some  of  its  features  for 
opposite  reasons.  Hamilton  did  perhaps  more  than 
any  other  man  to  secure  its  ratification,  but  he  doubt- 
ed its  success,  and  became  the  acknowledged  leader 
of  those  favorable  to  such  a construction  of  it,  and  to 
such  measures  as  it  was  supposed  would  strengthen 
the  government  formed  under  it.  Every  implied 
power  was  to  be  stretched  to  the  uttermost.  His 


JOSEPH  BLOOMFIELD. 


127 


mind  dwelt  habitually  upon  great  ideas ; but  at  the 
same  time  he  was,  as  described  by  his  friend,  Governeur 
Morris,  “ more  a theoretic  than  a practical  man/’  He 
said  to  Mr.  Jefferson,  “ it  is  my  opinion,  though  I do 
not  publish  it  in  Dan  or  Beersheba,  that  the  present 
government  is  not  that  which  will  answer  the  ends 
of  society,  by  giving  stability  and  protection  to  its 
rights,  and  it  will  probably  be  found  expedient  to  go 
into  the  British  form.  However,  since  we  have  under- 
taken the  experiment,  I am  for  giving  it  a fair  course, 
whatever  my  expectations  may  be.”  He  was  re- 
garded as  the  leader  of  the  Federal  party  by  most  of 
its  prominent  members  (Mr.  x\dams  and  a few  of  his 
friends  excepted),  was  freely  applied  to  for  advice, 
and  gave  it  quite  as  freely  when  it  was  not  asked  as 
when  it  was.  As  late  as  1802,  in  a letter  to  Morris, 
he  designates  the  constitution  as  “ a frail  and  worth- 
less  fabric.” 

Mr.  Jefferson,  giving  an  account  of  his  going  to 
Philadelphia,  after  his  return  from  France,  to  take 
upon  himself  the  office  of  secretary  of  state,  says  : 
“ The  president  received  me  cordially,  and  my  col- 
leagues and  the  circle  of  principal  citizens  apparently 
with  welcome.  The  courtesies  of  dinner  parties 
given  me,  as  a stranger  newly  arrived  among  them, 
placed  me  at  once  in  familiar  society.  But  I cannot 
describe  the  wonder  and  mortification  with  which 
the  table  conversation  filled  me.  Politics  were  the 
chief  topic,  and  a preference  of  kingly  over  repub- 
lican governments,  was  evidently  the  favorite  senti- 
ment.” This  sort  of  preference  was  by  no  means 
universal  among  the  Federalists.  Most  of  them  were 
not  only  devoted,  honest  patriots,  but  believers  in  a 
republic.  Many,  however,  had  no  faith  in  such  a 


128 


REMINISCEXCKS  OF  NEW  JERSEY. 


government.  My  classical  teacher,  when  I was  a 
youth,  often  told  me  if  1 lived  to  old  age,  1 should 
live  to  come  under  the  dominion  of  a king. 

As  1 have  said,  a change  was  inevitable  ; a social 
as  well  as  a political  change.  The  influence  of  the 
kingly  government  under  which  the  colonial  subjects 
so  long  lived,  was  more  or  less  apparent  in  all  the 
arrangements  of  society.  Laws  of  etiquette  as  to  the 
preference  certain  classes  were  entitled  to  in  going  to 
a dinner  table,  and  in  composing  social  parties,  had 
great  influence  over  many  minds.  Even  our  well  to 
do  farmers  considered  the  laborers  they  employed  as 
an  entirely  different  class,  and  some  of  them  were 
opposed  to  their  being  taught  even  to  read  and  write. 
I well  remember  that  this  sentiment  was  openly  ex- 
pressed by  more  than  one  in  my  boyhood.  Every 
effort  was  made  during  several  of  the  first  years  of 
the  conflict  by  the  federal  families  to  put  those  of  the 
other  party  under  a social  ban  ; and  in  this  way  the 
families  of  brothers  and  sisters  were  sometimes  so 
divided  as  to  cease  all  friendly  intercourse. 

The  extent  to  which  the  change  was  carried  by  the 
ultimate  success  of  the  democratic  party,  is  dwelt 
upon  by  Goodrich,  a Federalist  himself,  in  his  recollec- 
tions of  a lifetime.  He  says,  “ The  change  in  manners 
had  no  doubt  been  silently  going  on  for  some  time ; 
but  it  was  not  distinctly  visible  to  common  eyes,  till 
the  establishment  of  the  new  constitution.  Powder 
and  cues,  cocked  hats  and  broad-brims,  white  top- 
boots,  breeches,  and  shoe-buckles,  signs  and  symbols 
of  a generation  a few  examples  of  which  still  lingered 
among  us,  finally  departed ; while  short  hair,  panta- 
loons, and  round  hats  with  narrow  brims,  became  the 
established  costume  of  men  of  all  classes.  Jefferson 


JOSEPH  BLOOMFIELD. 


129 


was,  or  affected  to  be,  very  simple  in  his  taste,  dress, 
and  manners.  He  wore  pantaloons  instead  of 
breeches,  and  adopted  leather  shoe-strings  in  place 
of  buckles.  These  and  other  similar  things,  were 
praised  by  his  admirers,  as  signs  of  his  democracy  ; 
a certain  coarseness  of  manner,  supposed  to  be  en- 
couraged by  the  leaders  passed  to  the  led.  Rude- 
ness and  irreverence  were  at  length  deemed  demo- 
cratic, if  not  democracy.”  One  of  the  Federal  papers 
of  the  day  attempted  to  ridicule  Mr.  Jefferson,  be- 
cause he  sometimes  rode  on  horseback,  unattended,  to 
the  capital,  and  hitched  his  horse  to  a post,  like  any 
other  citizen. 

The  ascendancy  of  General  Hamilton  over  the 
Federal  party,  composed  of  the  educated  and  busi- 
ness men  of  the  day,  was  the  result  of  his  intellectual 
greatness.  That  sagacious  observer,  Talleyrand,  in 
conversation  with  two  Americans,  Mr.  Ticknor  and 
Mr.  Van  Buren,  spoke  of  him  as  the  ablest  man  be 
became  acquainted  with  in  America,  and  was  not 
sure  that  he  might  not  add  without  injustice,  or  that 
he  had  known  in  Europe.  But  he  could  brook  no 
opposition.  When  a very  young  man,  much  trusted 
by  Washington  as  a part  of  his  military  family,  he 
took  exception  to  something  the  general  did,  and 
left  the  situation.  In  1793,  when  secretary  of  the 
treasury,  he  announced  to  the  President,  that  con- 
siderations relative  both  to  public  service  and  his 
own  dignity  had  brought  his  mind  to  the  conclusion 
to  resign  his  office,  at  the  close  of  the  next  session  of 
Congress.  In  1800  he  published,  in  his  own  name,  a 
letter  “ concerning  the  public  conduct  and  character 
of  John  Adams,”  which  undoubtedly  did  much  to 
prevent  his  reelection,  and  secure  the  success  of  Mr. 

9 


130 


REMINISCENCES  OF  NEW  JERSEY. 


Jefferson.  What  would  have  been  the  result  had  the 
latter  died  in  1804,  instead  of  Hamilton,  who  sacrificed 
his  life  to  his  fear  of  tarnishing  his  name  as  a soldier, 
in  his  duel  with  Burr,  we  cannot  now  pretend  to  con- 
jecture. The  great  leader  of  the  one  party  was 
taken  away,  while  the  head  of  the  other  was  spared 
to  extreme  old  age.  The  party  thus  despoiled  soon 
lost  its  hold  upon  the  affections  of  the  people,  and 
after  an  unavailing  contest  of  twenty  years,  ceased 
to  exist,  while  the  other  grew  in  strength,  and  so 
impressed  its  principles  upon  the  public  mind,  that 
during  many  years,  a candidate  for  the  place  of  chief 
magistrate  of  the  nation  deemed  no  recommenda- 
tion to  the  people  could  be  stronger  than  the  an- 
nouncement that  his  political  principles  were  those 
of  Jefferson.  And  now  the  party  that  rules  the  coun- 
try has  not  only  adopted  the  old  name  of  Repub- 
lican, but  carries  many  of  its  old  maxims  and  prin- 
ciples to  excess,  as  in  England  the  Tories,  under  the 
lead  of  D’lsraeli,  lately  endeavored  to  outbid  their 
old  opponents  the  Whigs  and  Radicals,  by  introdu- 
cing an  extent  of  popular  suffrage  from  which  the 
others  had  shrunk. 

An  objection  to  Mr.  Jefferson,  strongly  urged  by 
many  good  people,  was,  that  he  was  an  infidel,  and 
to  elevate  him  to  the  presidency  would  be  equivalent 
to  a banishment  of  the  Bible  and  all  its  precepts.  I 
have  now  in  my  possession  a file  of  letters,  addressed 
to  my  father,  as  a man  known  to  have  great  rever- 
ence for  religious  things,  from  several  clergymen  of 
his  acquaintance,  strongly  adjuring  him  to  abstain 
from  the  support  of  so  bad  a man.  He  was  not,  how- 
ever, without  the  support  of  several  excellent  minis- 
ters, who  agreed  with  him  in  adhering  to  Jefferson  ; 


JOSEPH  BLOOMFIELD. 


131 


not  indeed  so  much  for  the  sake  of  the  man,  but 
for  the  sake  of  the  great  principles  they  believed 
to  be  involved.  And  the  folly  of  the  demonstrations 
indulged  in  by  the  good  men  wedded  to  the  Federal 
party  was  shown,  when  in  their  old  age  the  rival 
candidates  corresponded  in  friendly  terms,  and  it  was 
found  their  religious  opinions  were  curiously  identi- 
cal. Both  had  a reverence  for  God  the  Creator ; 
but  both  rejected  Christ  as  a divine  mediator. 

One  of  Mr.  Jefferson’s  inno  vations  upon  what  were 
considered  the  monarchical  forms  introduced  by  Wash- 
ington, led  to  bad  results,  and  will  sooner  or  later 
oblige  some  president,  sufficiently  bold  and  strong  in 
the  affections  of  the  people,  to  return  to  the  first 
usage.  In  a conversation  I had  with  Mr.  Buchanan 
during  the  last  year  of  his  presidency,  when  I met 
him  at  Bedford  Springs,  he  introduced  the  subject, 
and  declared  very  emphatically  that  it  would  be 
impossible  for  the  President  much  longer  to  per- 
mit every  applicant  for  office  to  appeal  to  him  per- 
sonally, as  was  now  the  practice.  Several  of  the 
presidents,  it  is  believed,  were  literally  killed  by  this 
pressure  upon  them.  Even  in  Mr.  Jefferson’s  time, 
it  was  not  thought  decent  to  introduce  the  subject, 
unless  he  himself  invited  it;  but  he  broke  down  the 
barriers  of  reserve,  which  were  the  only  effectual 
guards  to  prevent  it.  I have  always  understood  that 
the  present  practice  began  with  Monroe.  It  would 
seem  that  General  Grant  is  making  some  effort  to 
correct  this  evil,  but  apparently  with  but  indifferent 
success.  He  has  stirred  up  the  hostility  of  those 
senators  who  desire  to  retain  their  accustomed  pat- 
ronage ; but  it  remains  to  be  seen  whether  he  will 
persevere,  and  establish  a much  needed  reform. 


132 


REMINISCENCES  OF  NEW  JERSEY. 


That  the  objects  had  in  view  by  the  democratic 
republicans,  in  their  opposition  to  the  party  in 
power,  were  in  the  highest  degree  wise  and  benevo- 
lent, will  be  perceived  by  a recurrence  to  their  pub- 
lished reasons.  In  an  address  by  Ebenezer  Elmer, 
published  in  the  spring  of  1801,  he  writes  of  the  Re- 
publican party : — 

“ They  have  been  perversely  abused.  Because  they  talk  of 
equal  rights,  they  are  accused  of  holding  a pernicious  leveling  prin- 
ciple. But  the  representation  is  not  correct.  They  do  not  even 
dream  of  destroying  the  natural  inequality  among  men,  for  they 
know  that  this  is  wholly  impossible  ; nor  would  they  annihilate  the 
inequality  which  arises  from  different  acquirements,  for  this  would 
be  unjust.  But  the  precise  idea  is,  that  so  far  as  political  institu- 
tions are  concerned,  in  the  formation  and  regulation  of  society,  a 
moral  and  legal  equality  should  be  established,  as  far  as  practicable, 
as  a kind  of  counterpoise  to  the  natural  and  physical  inequalities 
which  continually  exist.” 

Whatever  may  have  been  the  controlling  motives 
that  influenced  General  Bloomfield,  it  is  certain  that 
he  became  an  undeviating  adherent  of  the  demo- 
cratic party.  This  party  did  not  succeed  in  New 
Jersey,  at  the  contested  election  held  in  1800,  in 
electing  a majority  of  the  members  of  the  legislature, 
who  at  that  time  held  in  their  own  hands  the  ap- 
pointments of  presidential  electors,  and  gave  the 
vote  of  the  State  for  Adams,  although  a majority  of 
the  voters  of  the  State  were  democratic,  and  elected 
their  candidates  to  Congress.  In  the  fall  of  1801, 
the  legislature  was  democratic,  and  at  a joint  meet- 
ing held  on  the  thirty-first  day  of  October  of  that 
year,  Joseph  Bloomfield  received  thirty  votes  for 
governor,  against  twenty  cast  for  Richard  Stockton. 

In  1802  the  parties  were  equally  divided,  so  that 
on  the  first  ballot  Bloomfield  received  twenty-six 


JOSEPH  BLOOMFIELD. 


133 


votes  and  Stockton  twenty-six ; and  on  the  second 
ballot  there  was  a like  result;  on  the  third  ballot 
Aaron  Ogden  was  substituted  for  Stockton,  but  there 
was  no  change  in  the  vote.  An  attempt  was  made 
to  compromise,  the  Federalists  offering,  in  a written 
correspondence  between  committees  of  the  two  par- 
ties, to  allow  the  Democrats  to  take  their  choice  of 
electing  the  governor  or  the  senator,  whose  place 
was  also  to  be  filled,  if  they  would  agree  to  give  the 
other  to  the  Federalists.  But  the  Democrats,  under 
the  lead  of  William  S.  Pennington,  afterwards  gov- 
ernor, refused  the  proposition  ; and  the  consequence 
was  that  the  State  had  no  governor  during  that 
year,  the  duties  of  the  office  being  performed,  agree- 
ably to  the  constitution,  by  the  democratic  vice-pres- 
ident of  the  council,  John  Lambert.  The  next  year 
Bloomfield  had  thirty-three  votes,  and  Richard  Stock- 
ton  seventeen;  and  in  1804  he  had  thirty-seven,  and 
Stockton  sixteen  votes.  Afterwards  he  was  reelected 
up  to  1812,  without  opposition. 

I have  heard  from  one  of  the  old  lawyers,  op- 
posed to  him  in  politics,  that  when  he  first  presided 
in  the  court  of  chancery  he  made  a short  address  to 
those  present,  saying  that  he  was  a Republican,  and 
did  not  desire  to  be  addressed  by  the  title  of  excel- 
lency. Mr.  Samuel  Leake,  an  old  and  rather  eccen- 
tric lawyer,  immediately  rose  and  made  him  a formal 
address,  with  much  earnestness  and  solemnity,  say- 
ing : — 

“ May  it  please  your  excellency : your  excellency’s  predecessors 
wer$  always  addressed  by  the  title  ‘ your  excellency,’  and  if  your 
excellency  please,  the  proper  title  of  the  governor  of  the  State 
was  and  is  your  excellency ; I humbly  pray,  therefore,  on  my  own 
behalf,  and  in  behalf  of  the  bar  generally,  that  we  may  be  permitted 
by  your  excellency’s  leave,  to  address  your  excellency,  when  sit- 


134 


REMINISCENCES  OF  NEW  JERSEY”. 


ting  in  the  high  court  of  chancery,  by  the  ancient  title  of  your  ex- 
cellency.” 

The  Federal  lawyers  did  not  give  him  credit  for 
sincerity  in  the  wish  he  expressed  about  his  title. 
However  that  may  have  been,  the  title  was  contin- 
ued, and  was  never  afterwards  objected  to.  He 
sealed  his  letters,  and  some  of  his  official  documents, 
with  his  private  seal,  a very  handsome  coat  of  arms, 
an  impression  of  which  is  affixed  to  a commission  as 
master  in  chancery,  issued  to  my  father. 

It  cannot  be  said  that  Governor  Bloomfield  had 
high  qualifications  for  the  position  of  chancellor ; 
but  it  is  believed  that  he  was  distinguished  for  indus- 
try and  probity,  and  that  he  succeeded  in  giving 
general  satisfaction  by  his  decrees.  The  business 
of  the  court  of  chancery  considerably  increased  dur- 
ing the  time  he  sat  in  that  court;  but  none  of  the 
opinions  delivered  were  reported  until  some  years 
after  his  retirement. 

War  was  declared  against  Great  Britain  in  May, 
1812,  and  soon  afterwards  Bloomfield  was  appointed 
by  President  Madison  a brigadier-general  in  the 
army  designed  for  the  invasion  of  Canada.  His  brig- 
ade marched  to  Sackett’s  Harbor,  and  early  in  the 
spring  of  1813  a part  of  his  troops,  under  the  com- 
mand of  General  Pike,  crossed  into  that  province, 
and  made  an  attack  on  Fort  George,  but  were  re- 
pulsed, and  General  Pike  was  killed  by  the  fall  of 
stone  from  the  blown-up  magazine.  A nephew  of 
the  general,  who  was  a lieutenant  in  the  15th  regi- 
ment, originally  commanded  by  Pike,  w'as  killed  in 
that  attack.  But  it  does  not  appear  that  General 
Bloomfield  ever  gained  any  laurels  as  a military 
commander.  With  General  Dearborn,  like  himself 


JOSEPH  BLOOMFIELD. 


135 


an  officer  of  reputation  in  the  army  of  the  Revolu- 
tion, he  was  soon  withdrawn  from  active  duty  on  the 
frontiers,  and  assigned  to  the  command  of  a military 
district,  whose  head-quarters  were  at  Philadelphia. 
He  remained  in  the  service  to  the  end  of  the  war. 

The  blunders  of  the  democratic  administration,  in 
the  measures  adopted  and  the  men  selected  to  carry 
on  the  war  against  Great  Britain  at  the  commence- 
ment of  the  conflict  in  1812,  can  hardly  be  under- 
stood now.  They  were  such,  however,  as  were  to  be 
expected  in  the  case  of  a nation  which  for  thirty 
years  had  been  directing  its  energies  to  the  accumu- 
lation of  wealth.  They  were  the  same  in  character, 
and  produced  very  much  by  the  same  causes,  as  the 
disasters  that  befell  the  British  army  during  the  first 
year  of  the  war  against  Russia  in  the  Crimea.  But 
beside  these  causes,  it  must  be  acknowledged  that 
our  president,  James  Madison,  perhaps  in  many  re- 
spects the  ablest  statesman  our  country  has  known, 
was  singularly  deficient  in  administrative  ability. 
The  qualification  most  needed  by  an  American  pres- 
ident— the  ability  to  discern  the  capabilities  of  his 
subordinates  — he  was  destitute  of.  He  commenced 
a war  with  a power  the  most  dangerous  for  us  to  en- 
counter of  any  then  in  existence  ; with  a secretary  of 
war  who  was  as  deficient  in  military  knowledge  and 
spirit  as  himself — a Dr.  Eustis,  of  Massachusetts. 
And  when  his  incapacity  was  fully  demonstrated,  he 
summoned  to  his  aid  John  Armstrong,  the  author  of 
the  celebrated  Newburgh  letters,  at  the  close  of  the 
Revolutionary  War,  who,  whatever  his  talents,  could 
not  command  and  did  not  deserve  the  confidence 
of  the  country.  The  generals  selected  to  command 
a newly  raised  army  were  old  men,'  who,  however 


136 


REMINISCENCES  OF  NEW  JERSEY. 


gallant  as  soldiers  they  may  have  been  in  their 
youth,  had  been  too  long  engaged  in  peaceful  pur- 
suits to  enter  late  in  life  upon  a new  career  as  war- 
riors. As  a secretary  of  state  or  a member  of  Con- 
gress, Mr.  Madison  was  a far  abler  man  than  James 
K.  Polk  ; but  the  latter  surrounded  himself  with  a 
cabinet  composed  of  the  men  best  fitted  for  their  sta- 
tions, and  carried  through  the  war  against  Mexico 
almost  without  a single  disaster.  General  Bloomfield 
was  a worthy  man,  and  a good  governor ; but  he  was 
not  the  fit  man  to  head  the  forces  sent  to  invade 
Canada. 

Seldom,  however,  in  the  history  of  the  world  has 
a war  so  poorly  waged  ended  so  happily  as  our  war 
with  Great  Britain.  In  my  opinion  it  was  a war 
that  could  not  be  avoided ; and  was  in  part  made 
necessary  by  the  extent  to  which  Mr.  Jefferson  had 
gone  in  his  endeavors  to  avoid  it,  and  by  his  neglect 
to  provide  against  such  a contingency.  When  the 
war  waged  in  Europe  ended,  our  enemy,  although 
thus  left  to  direct  his  whole  force  against  us,  was  ex- 
hausted, and  longed  for  peace.  The  people  of  Amer- 
ica, including  the  strongest  advocates  of  the  war,  had 
had  enough  of  it;  and  the  administration  was  wise 
enough  not  to  insist  upon  the  formal  abandonment 
by  the  British  government  of  those  pretensions  and 
practices,  in  regard  to  the  impressment  of  our  sea- 
men, and  the  interference  with  our  commerce  which 
had  produced  the  war,  relying  upon  what  proved  to 
be  a well-founded  expectation,  that  the  resistance  we 
had  made  would  prevent  their  future  recurrence. 
And  to  crown  all,  a splendid  victory  closed  the  con- 
flict, and  won  for  us  the  respect  of  the  world.  With 
the  war  also  ended  the  federal  party.  They  had 


AARON  OGDEN. 


137 


gone  too  far  in  their  opposition,  and  could  not  retrace 
their  steps.  James  Monroe  was  elected  president  by 
the  vote  of  all  the  States  but  three ; and  in  1820  he 
was  reelected  with  but  a single  dissentient  elector, 
who  voted  for  John  Quincy  Adams. 

General  Bloomfield  returned  to  his  residence  in 
Burlington,  and  in  1818  had  the  misfortune  to  lose 
his  wife,  with  whom  he  had  lived  in  unbroken  har- 
mony and  affection.  A few  years  after  he  married 
again,  a lady  who  survived  him. 

In  1826  he  was  elected,  on  the  general  ticket  nom- 
inated by  the  Democrats,  a member  of  Congress,  and 
was  reelected  in  1818,  serving  from  March  4,  1817, 
to  March  4,  1821.  He  was  very  appropriately  placed 
at  the  head  of  the  committee  on  revolutionary  pen- 
sions, and  introduced  and  carried  through  the  bills 
granting  pensions  to  the  veteran  soldiers  of  the  Rev- 
olution and  their  widows.  He  died  in  1825,  the  in- 
scription on  his  tomb  recording  simply  the  truths 
that  he  was  a 66  a soldier  of  the  Revolution  ; late  gov- 
ernor of  New  Jersey ; a general  in  the  army  of  the 
United  States ; he  closed  a life  of  probity,  benevo- 
lence, and  public  service,  in  the  seventieth  year  of 
his  age.”^ 


Aaron  Ogden,  familiarly  known  and  designated  as 
Colonel  Ogden  through  life,  was  governor  one  year, 
commencing  in  October,  1812.  He  was  the  greats 
grandson  of  Jonathan  Ogden,  who  was  one  of  the 
original  associates  of  the  Elizabethtown  purchase,  and 
who  died  in  1732,  at  the  age  of  eighty-six.  He  had  a 
son  named  Robert  Ogden,  and  his  son  Robert,  the 
father  of  Colonel  Ogden,  resided  at  the  old  borough 
of  Elizabethtown,  and  filled  several  offices  of  honor 


138 


REMINISCENCES  OF  NEW  JERSEY. 


and  trust;  among  others  that  of  surrogate  for  the 
County  of  Essex.  He  was  a member  of  the  council, 
and  several  years  speaker  of  the  House  of  Assembly. 
Being  appointed  one  of  the  delegates  from  the  legis- 
lature of  New  Jersey,  to  the  convention  that  met  in 
New  York,  in  1765,  to  protest  against  the  stamp  act, 
he,  with  the  chairman  of  the  convention,  refused  to 
sign  the  protest  and  petition  to  the  king  and  parlia- 
ment, upon  the  ground  that  it  ought  to  be  transmit- 
ted to  the  Provincial  Assembly,  and  be  presented  to 
the  government  of  Great  Britain  through  them.  This 
so  displeased  his  constituents,  that  he  resigned  his 
seat  in  the  Assembly  ; saying,  in  the  address  he  de- 
livered on  the  occasion  : “ I trust  Providence  will,  in 
due  time,  make  the  rectitude  of  my  heart,  and  my  in- 
violable affection  to  my  country  appear  in  a fair  light 
to  the  world,  and  that  my  sole  aim  was  the  happiness 
of  New  Jersey.” 

When  the  War  of  the  Revolution  commenced,  he 
took  a firm  part  on  the  side  of  freedom,  and  was  one 
of  the  committee  of  vigilance  for  the  town.  His  chil- 
dren were  all  ardent  Whigs;  Robert  Ogden,  Junior, 
was  a lawyer,  and  had  a large  practice,  and  was  called 
the  “ honest  lawyer.”  He  was  disabled  by  a fall  in 
childhood,  which  prevented  him  from  active  service 
in  the  field ; but  he  was  a quartermaster  and  com- 
missioner of  stores,  in  which  capacities  he  rendered 
good  service,  giving  his  time,  talents,  money,  and 
credit  freely,  to  supply  the  army.  Matthias  was  ap- 
pointed lieutenant-colonel  of  the  first  regiment  in 
the  Jersey  line,  in  December,  1775,  and  was  wounded 
in  storming  the  heights  of  Quebec,  and  distinguished 
throughout  the  war  as  colonel  of  the  regiment  and 
brigadier-general  by  brevet. 


AARON  OGDEN. 


139 


Towards  the  close  of  the  Revolution,  Robert  Ogden, 
Senior,  retired  to  Sparta,  in  the  County  of  Sussex, 
where  he  owned  large  tracts  of  land,  and  where  he  con- 
tinued a life  of  usefulness,  to  both  church  and  state, 
until  the  year  1787,  when  he  died  at  the  full  nge  of 
threescore  and  ten.  His  son  Aaron  was  born  in  the 
year  1756,  at  Elizabethtown,  and  carefully  educated, 
having  graduated  at  Princeton  College  in  1773,  before 
he  had  attained  the  age  of  seventeen.  After  leaving 
this  institution  he  engaged  himself  as  an  assistant  to 
Mr.  Francis  Barber,  who  was  the  teacher  of  a cele- 
brated grammar  school,  at  which  Judge  Brockholts, 
Livingston,  and  Alexander  Hamilton  were  pupils.  But 
the  times  soon  became  too  exciting  to  permit  the 
quiet  pursuits  of  literature.  In  the  spring  of  1777 
both  pupils  and  teacher  entered  the  army.  Ogden 
was  appointed  a lieutenant  and  paymaster  in  the  first 
regiment,  and  continued  in  service  to  the  termination 
of  the  war,  as  aid-de-camp,  captain,  and  brigade  major 
and  inspector.  This  last  named  office,  now  abolished, 
was,  during  the  Revolutionary  War  and  long  after- 
wards, the  most  important  of  the  staff  offices  of  the 
brigade. 

Near  the  close  of  his  life,  protracted  to  a good  old 
age,  Colonel  Ogden  had  occasion  to  draw  up  an  ac- 
count of  his  military  services  during  the  Revolution, 
in  which  he  states  with  modest  simplicity  the  particu- 
lars of  the  most  important  actions  in  which  he  partic- 
ipated, only  differing  from  the  official  accounts  in  that 
he  goes  more  into  detail.  His  gallantry  as  a soldier, 
and  his  veracity  as  a man,  were  never  questioned. 

In  the  winter  of  1775-76,  he  entered  a volunteer 
corps  formed  at  Elizabethtown.  Lord  Sterling,  who 
commanded  a regiment  of  militia  there,  prepared  an 


140 


REMINISCENCES  OF  NEW  JERSEY. 


expedition  to  take  a large  ship  at  sea,  plying  off 
Sandy  Hook,  while  the  Asia  man-of-war,  a ship  of 
the  line,  was  lying  in  the  bay  of  New  York,  of  which 
the  volunteer  company  formed  a part.  They  em- 
barked in  small  crafts,  boarded  the  ship,  and  made  her 
their  prize.  She  proved  to  be  the  Blue  Mountain  Val- 
ley, of  three  hundred  tons,  loaded  with  coal,  flour, 
and  live  stock  for  the  British  troops  at  Boston.  This 
exploit  was  commended  in  a formal  resolution  of  the 
Congress  at  Philadelphia. 

He  was  with  his  regiment,  commanded  by  his 
brother,  at  the  battle  of  the  Brandywine,  in  Septem- 
ber, 1777.  The  regiment  was  posted  in  advance,  with 
directions  to  cross  the  river  and  commence  the  attack 
intended  by  General  Washington,  as  soon  as  he 
should  receive  the  orders  to  that  effect.  The  colonel 
in  his  impatience  sent  Lieutenant  Ogden  to  inform 
the  general  that  everything  was  ready.  He  found 
him  surrounded  by  his  staff,  but  was  informed  that 
the  intelligence  he  had  received  was  contradictory, 
and  he  therefore  did  not  give  the  expected  order. 
It  appeared  that  Hamilton  had  reconnoitered  the 
enemy,  and  had  informed  the  general  correctly,  that 
they  were  in  full  march  towards  his  right,  but  at  the 
same  time  an  express  arrived  from  General  Sullivan, 
who  had  been  placed  on  the  right,  for  the  express 
purpose  of  observing  the  movements  of  Howe’s  army, 
stating  that  there  were  none  of  the  enemy  there.  It 
was  afterwards  stated  to  Ogden  by  Colonel  Morris,  an 
aid  of  Sullivan’s,  that  the  scouts  sent  out  by  him  had 
spent  their  time  drinking  at  a tavern,  and  made  a 
false  report,  upon  the  receipt  of  which  Sullivan  wrote 
his  dispatch  upon  a drum-head.  And  owing  very 
much  to  this  circumstance,  the  British  forces  were 


AARON  OGDEN. 


141 


enabled  to  turn  the  right  of  the  American  army,  and 
win  the  battle. 

At  Monmouth  he  received  the  personal  direction 
of  General  Washington,  at  the  most  critical  period 
of  the  engagement,  to  reconnoitre  an  important  posi- 
tion, all  the  circumstances  of  which  he  has  fully  de- 
tailed in  his  memoir.  Upon  his  report,  Washington 
gave  the  order  to  advance,  which  determined  the  re- 
sult of  the  action.  During  the  movements  which 
succeeded,  Captain  Ogden,  as  aid  to  General  Maxwell, 
and  as  brigade  major,  had  a large  share  in  the  com- 
mand of  the  brigade.  At  the  battle  of  Springfield 
he  greatly  distinguished  himself,  by  holding  a very 
superior  force  of  the  enemy  for  some  time  in  check  ; 
and  more  particularly  by  his  judicious  disposition  of 
the  militia,  who,  at  a late  period  of  the  engagement, 
were  subjected  to  his  command. 

In  the  following  winter,  Maxwell’s  brigade  was 
quartered  in  Elizabethtown,  in  the  immediate  vicin- 
ity of  the  British  army,  when  an  attempt  was  made 
by  General  Grey,  of  that  army,  to  surprise  them, 
by  an  expedition  which  came  over  from  Staten 
Island.  While  Major  Ogden  was  sleeping  in  the 
same  room  with  Maxwell,  they  were  informed  that 
one  of  the  pickets  had  heard  the  rowing  of  boats. 
He  volunteered  to  reconnoitre  ; and  approaching  a 
house  near  the  meadows,  he  observed  a light ; slack- 
ing his  pace,  the  night  being  very  dark,  he  found 
himself  all  at  once  surrounded  by  British  soldiers, 
and  within  reach  of  a sentinel,  who  ordered  him  to 
dismount.  Determined  at  all  hazards  to  alarm  his 
troops,  he  immediately  wheeled  and  put  spurs  to 
his  horse,  expecting  a shot;  he  received  from  another 
sentinel  a thrust  from  a bayonet  into  his  chest.  He 


142 


REMINISCENCES  OF  NEW  JERSEY. 


had  strength,  however,  to  reach  the  garrison,  about 
two  miles  distant,  and  gave  the  alarm.  General  Max- 
well’s remark  was,  “ The  pitcher  that  goes  oftenest 
down  the  well  will  come  up  broken  at  last.”  By 
proper  attention  and  care,  at  his  home,  he  recovered 
from  this  wound,  which  was  a very  dangerous  one. 
His  timely  alarm  prevented  the  enemy  from  doing 
any  mischief.  While  confined  to  his  room  he  was 
frequently  visited  by  the  ladies  of  the  town,  ac- 
quainted with  him  from  the  days  of  his  boyhood. 
One  of  the  “on  dits”  of  the  place  was,  that  upon 
the  occasion  of  one  of  these  visits  he  received  a 
wound  from  one  of  Cupid’s  darts,  deeper  and  more 
lasting  than  that  inflicted  by  the  enemy.  This  wound 
was  healed  two  years  afterwards,  by  a happy  mar- 
riage with  the  author  of  it. 

In  the  campaigns  of  1779  under  General  Sullivan 
against  the  hostile  Indians,  in  the  western  part  of 
New  York,  Ogden  served  as  aid  to  General  Maxwell. 
After  the  resignation  of  Maxwell,  Captain  Ogden  com- 
manded a company  of  light  infantry,  and  served  in 
the  corps  commanded  by  Lafayette.  He  was  selected 
by  General  Washington  to  carry  a flag  of  truce  to 
General  Sir  Henry  Clinton,  the  commander- in-chief 
of  the  British  forces  then  at  New  York.  He  received 
his  instructions  from  Lafayette,  which  were,  that  if 
possible,  he  should  get  within  the  British  lines  at 
Paul  us  Hook,  and  in  a private  way  inform  the  com- 
manding officer,  that  he  was  directed  to  say  that  if 
Clinton  would  in  any  way  permit  Washington  to  get 
hold  of  General  Arnold,  Major  Andre  should  be  im- 
mediately released.  He  contrived  to  make  the  com- 
munication to  the  commanding  officer  at  the  supper 
table,  who  immediately  rose  from  the  table,  and  re- 


AARON  OGDEN. 


143 


turned  in  about  two  hours,  with  a message  from  Clin- 
ton that  “ a deserter  was  never  given  up.” 

Captain  Ogden  was  with  Lafayette  in  Virginia, 
when  Lord  Cornwallis  made  his  attempt  “ to  catch 
the  boy,”  as  he  called  the  young  marquis ; and  the 
captain  had  the  good  fortune  to  cover  the  retreat  of 
Lafayette,  by  throwing  a body  of  the  infantry  and 
militia  placed  under  his  command  into  a wood,  in  the 
line  of  march  of  the  right  wing  of  the  British  army, 
which  was  rapidly  advancing  to  turn  Lafayette’s  left 
wing,  and  posting  them  behind  a fence.  This  caused 
the  British  to  halt  and  reconnoitre,  and  consume  time 
in  forming  their  line  of  attack ; and  when  they  ad- 
vanced into  the  woods,  they  were  met  by  a galling 
fire,  and  so  retarded,  as  to  give  time  to  the  American 
forces  to  get  beyond  their  reach.  He  took  an  active 
part  in  all  the  fighting  at  the  siege  of  Yorktown,  and 
was  commeuded  for  his  conduct  by  General  Wash- 
ington. 

When  Lafayette  made  his  visit  to  the  United 
States,  long  afterwards,  in  a letter  to  the  secretary  of 
war,  he  made  honorable  mention  of  Captain  Ogden 
and  his  valuable  services,  while  serving  under  him 
during  the  campaign  in  Virginia. 

When  the  war  ended,  he  was  among  those  who, 
after  they  had  borne  the  toils,  the  perils,  and  the 
sacrifices  of  a long,  and  at  times  apparently  a des- 
perate contest,  laid  down  their  arms  and  retired,  most 
of  them  to  private  life  and  poverty.  In  June,  1783, 
the  officers  of  the  Jersey  line  convened  at  Elizabeth- 
town, and  agreed  to  become  members  of  the  Society 
of  the  Cincinnati.  In  1824,  he  succeeded  General 
Bloomfield  as  the  president  of  this  society,  and  con- 
tinued the  president  until  his  death,  when  he  was 


144 


REMINISCENCES  OF  NEW  JERSEY. 


succeeded  by  Ebenezer  Elmer,  the  last  surviving  offi- 
cer of  the  New  Jersey  line. 

The  Society  of  the  Cincinnati  was  organized  at  the 
cantonment  of  the  American  army,  on  the  Hudson 
River,  in  May,  1783,  and  its  constitution  then  adopted, 
as  follows : — 

“ It  having  pleased  the  Supreme  Governor  of  the  Universe  in  the 
disposition  of  human  affairs,  to  cause  the  separation  of  the  colo- 
nies of  North  America  from  the  domination  of  Great  Britain,  and 
after  a bloody  conflict  of  eight  years,  to  establish  them,  free  and 
independent  and  sovereign  States,  connected  by  alliances  founded  on 
reciprocal  advantages  with  some  of  the  great  princes  and  powers 
of  the  earth  : 

“ To  perpetuate,  therefore,  as  well  the  remembrance  of  this  vast 
event,  as  the  mutual  friendships  which  have  been  formed  under  the 
pressure  of  common  danger,  and  in  many  instances  cemented  by 
the  blood  of  the  parties,  the  officers  of  the  American  army  do  here- 
by in  the  most  solemn  manner,  associate,  constitute,  and  combine 
themselves  into  one  society  of  Friends,  to  endure  as  long  as  they 
shall  endure  — or  any  of  their  eldest  male  posterity,  and  in  failure 
thereof,  to  the  collateral  branches  who  may  be  judged  worthy  of  be- 
coming its  supporters  and  members. 

“ The  officers  of  the  American  army  having  generally  been  taken 
from  the  citizens  of  America,  possess  high  veneration  for  the  char- 
acter of  that  illustrious  Roman,  Lucius  Quintius  Cincinnatus,  and 
being  resolved  to  follow  his  example,  by  returning  to  their  citizen- 
ship, they  think  they  may,  with  propriety,  denominate  themselves 
the  Society  of  the  Cincinnati. 

“ The  following  principles  shall  be  immutable,  and  form  the  basis 
of  the  society. 

“ An  incessant  attention  to  preserve  inviolate  those  exalted  rights 
and  liberties  of  human  nature,  for  which  they  have  fought  and  bled, 
and  without  which  the  high  rank  of  a rational  being  is  a curse  in- 
stead of  a blessing. 

“ An  unalterable  determination  to  promote  and  cherish  between 
the  respective  States,  that  union  and  national  honor  so  essentially 
necessary  to  their  happiness  and  the  future  dignity  of  the  American 
empire. 

“ To  render  permanent  the  cordial  affection  subsisting  among  the 


AARON  OGDEN. 


145 


officers  ; this  spirit  will  dictate  brotherly  kindness  in  all  things, 
and  particularly  extend  to  the  most  substantial  acts  of  beneficence, 
according  to  the  ability  of  the  society,  towards  those  officers  and 
their  families  who  unfortunately  may  be  under  the  necessity  of  re- 
ceiving it. 

“ The  general  society  will,  for  the  sake  of  frequent  communica- 
tions. be  divided  into  state  societies,  and  these  again  into  such  dis- 
tricts as  shall  be  directed  by  the  state  society.” 

The  other  provisions  were  regulations  of  detail. 
Each  sbate  society  meets  on  the  fourth  day  of  July, 
yearly  ; and  the  general  society,  composed  of  dele- 
gates, on  the  first  Monday  of  May,  once  in  three 
years.  To  form  the  funds,  each  officer  was  required 
to  pay  into  the  treasurer  of  the  state  society  one 
month’s  pay. 

There  were  originally  nine  or  ten  state  societies  ; 
but  in  consequence  of  the  clamor  that  was  raised 
against  them  on  account  of  their  badge  and  their 
hereditary  principle,  three  or  four  of  the  societies  have 
been  disbanded.  Six  still  remain,  namely,  Massachu- 
setts, New  York,  New  Jersey,  Pennsylvania,  Maryland, 
and  South  Carolina,  each  of  which  has  preserved  its 
separate  fund,  even  South  Carolina,  although  much 
crippled,  not  being  extinct. 

The  officers  entitled  to  be  members  were  those 
who  had  resigned  with  honor  after  three  years’  ser- 
vice, or  had  been  deranged  by  reforms  in  the  army; 
and  the  elder  and  male  branch  of  such  as  had  died, 
and  those  who  had  served  to  the  end  of  the  war. 
Generals  and  colonels  of  the  French  army  were  in- 
formed that  they  were  considered  members.  Honor- 
ary members  are  also  admitted  by  the  state  society, 
not  exceeding  one  to  every  four  of  the  regular  mem- 
bers. 

The  badge  adopted  by  the  society  is  a bald  eagle  of 
10 


146 


REMINISCENCES  OF  NEW  JERSEY. 


gold,  bearing  a medal  on  its  breast,  the  head  and  tail 
of  silver,  suspended  by  a deep  blue  watered  ribbon, 
edged  with  white,  descriptive  of  the  union  of  France 
and  America.  Those  in  actual  use  are  generally  all 
of  gold,  but  are  not  uniform  in  size  and  appearance. 
They  are  worn  now  only  at  the  meetings  of  the 
society ; and  some  of  the  members  have  declined  to 
do  more  than  suspend  the  ribbon  at  the  button-hole. 
The  eagle  of  the  president  general  is  adorned  with 
several  jewels,  and  was  procured  and  presented  to 
the  society  by  the  French  naval  officers  and  seamen. 
The  motto  on  the  medal  and  seal,  which  have  on 
them  a figure  of  Cincinnatus,  is  “ Omnia  reliquit  ser- 
vare  rempublicam.’, 

All  the  societies  have  preserved  more  or  less  of 
their  funds,  and  most  of  them  have  so  used  them 
that  they  have  accumulated.  The  fund  of  the  New 
Jersey  society  amounts  now  to  thirteen  thousand 
five  hundred  dollars,  vested  in  United  States  bonds, 
the  interest  of  which  is  used  to  defray  the  expense 
of  the  meetings,  and  to  distribute  in  aid  of  the  fami- 
lies of  deceased  members.  It  appeared  by  a report 
made  in  1866,  that  since  its  formation  there  has  been 
expended  for  the  expenses  of  the  society  the  sum  of 
$11,821,  and  for  benevolent  purposes,  the  sum  of 
$25,629.  About  twenty-five  members,  several  of 
whom  reside  in  other  States,  are  now  on  the  roll, 
about  twenty  of  whom  attend  the  annual  meetings. 

Colonel  Ogden  was  chosen  vice-president  of  the 
general  society  in  1825,  and  the  president  in  1829  — 
succeeding  in  that  office  to  Generals  Washington, 
Hamilton,  C.  C.  Pinckney,  and  Thomas  Pinckney.  At 
the  late  meeting  of  the  general  society  in  May,  1869, 
all  the  seven  state  societies  were  represented.  Ham- 

cl  JU/4A 

Ji - /C  ip. 4^^  ' 


AARON  OGDEN. 


147 


ilton  Fish,  the  secretary  of  state  of  the  United  States, 
is  now  the  president  general.  Colonel  Popham,  of 
New  York,  was  the  last  surviving  original  member 
of  the  Cincinnati. 

When  dismissed  from  the  army  with  the  other  offi- 
cers, at  Newburg,  in  1783,  Major  Ogden  returned  to 
Elizabethtown.  On  his  way  there,  as  he  has  been 
heard  to  say,  the  thought  arose,  “I  am  in  my  27th 
year  without  a profession  ; what  shall  I do  ? ” and 
soon  he  said  to  himself:  u I am  resolved  what  to  do  ; 
I will  enter  the  office  of  my  brother  Robert  at  Eliza- 
bethtown, and  read  law.”  This  resolution  he  carried 
out,  spending  the  winter  at  his  father's  in  Sparta,  and 
devoting  his  time  assiduously  to  the  study  of  Black- 
stone.  He  was  licensed  as  an  attorney  in  September, 
1784,  the  regular  period  of  study  no  doubt  being 
shortened  in  consideration  of  his  military  services,  as 
has  been  done  in  other  cases.  In  due  time  he  wTas 
licensed  as  a counselor,  and  in  1794  was  made  a ser- 
geant at  law. 

Soon  after  his  licensure  he  commenced  the  practice 
of  law  at  Elizabethtown,  and  in  October,  1787,  mar- 
ried Elizabeth,  daughter  of  John  Chetwood,  Esq.,  the 
lady  who  had  been  the  object  of  his  affections  from 
the  time  he  was  wounded.  He  soon  had  a good  prac- 
tice as  a lawyer ; and  whatever  may  have  been  his 
own  reflections  on  the  subject,  I think,  in  view  of  what 
afterwards  befell  him,  it  is  to  be  regretted  that  he  did 
not  adhere  to  that  profession  during  his  life.  He  was 
an  accomplished  lawyer,  and  took  a high  position  at 
the  bar.  Mr.  Coxes  Reports  begin  in  1790,  and  it 
appears  that  he  was  much  employed  in  the  most  im- 
portant cases  argued  before  the  supreme  court. 

Adopting  the  language  of  an  address  delivered  be- 


148 


REMINISCENCES  OF  NEW  JERSEY. 


fore  the  societies  of  Princeton  College,  in  September, 
1839,  by  Aaron  Ogden  Dayton,  Esq.,  as  just  and  ap- 
propriate, it  may  be  said  of  Mr.  Ogden,  that,  “ Pro- 
fessing strong  analytical  and  logical  powers  of  mind, 
his  disposition  always  led  him  to  an  examination  of 
the  principles  by  which  a case  was  governed,  and 
having  made  himself  master  of  these,  he  reasoned 
from  them  with  great  clearness  and  force,  and  was 
seldom  surprised  or  thrown  off  his  balance,  by  the 
argument  of  his  adversary.  Although  his  first  re- 
liance was  upon  a knowledge  of  the  elements  which 
entered  into  the  question,  he  was  by  no  means  negli- 
gent of  the  cases  in  which  those  elements  had  been 
applied.  Seldom  was  there  a more  industrious  lawyer. 
He  never  thought  his  duty  discharged  to  his  client  or 
himself,  while  a single  corner  of  the  case  committed 
to  his  care  remained  unexplored.  He  studied  the 
cause  on  both  sides,  and  made  most  copious  notes  for 
his  argument  and  authorities.  To  learning  and  in- 
dustry, he  united  great  ingenuity  and  fertility  of  re- 
sources, quickness  and  accuracy  of  discrimination,  and 
an  eloquence,  which  at  times,  when  he  was  deeply 
moved  or  strongly  excited,  was  of  a very  high  order. 
His  manner  was  graceful  and  impressive  ; his  voice, 
though  not  musical,  was  strong  and  varied ; his  coun- 
tenance had  great  power  and  diversity  of  expression; 
but  more  than  all  this,  he  understood  well  the  springs 
of  human  action.  He  was  an  enthusiastic  admirer,  and 
might  almost  be  called  a pupil  of  Shakespeare,  whose 
works  he  was  never  weary  of  perusing.  He  was  an 
ardent  admirer  of  the  ancient  classical  authors ; and 
his  conversation  with  literary  friends  was  frequently 
embellished  by  ready  and  felicitous  quotations  from 
their  works.  He  is  one  among  many  proofs  of  the 


AARON  OGDEN. 


149 


great  advantage  a student  derives  from  becoming  an 
instructor  of  others.  His  critical  knowledge  and  ac- 
curate recollection  of  the  classics  he  always  attributed 
principally  to  that  cause.  The  taste  never  forsook 
him,  and  often  led  him  back,  during  the  busiest  part 
of  his  life,  to  the  fountain  at  which  he  had  drunk  with 
so  much  pleasure  in  his  early  years.”  I well  recol- 
lect, tha  t the  first  time  I saw  him,  at  a fourth  of  July 
dinner  of  the  Cincinnati,  in  1812,  of  which  I partook, 
according  to  the  custom  of  the  society,  as  an  heir  ap- 
parent to  the  membership,  he  questioned  the  ele- 
gance of  the  society’s  motto,  insisting  that  although 
perhaps  good  Latin  as  it  stood,  it  should  have  been 
“ omnia  reliquit  ad  servandam  rempublicam.”  He  was 
elected  a trustee  of  Princeton  College  in  1803,  and 
again  after  he  had  been  ex-officio  president  in  1817, 
holding  the  office  until  he  died.  In  1816  he  was  com- 
plimented with  the  honorary  degree  of  L.L.  D. 

As  was  natural,  considering  his  early  career,  his 
talents  and  disposition  were  decidedly  military.  To 
the  last  years  of  his  life  it  beamed  in  his  eye  ; it 
was  seen  in  his  erect  carriage  and  measured  step  ; it 
animated  his  conversation,  a*nd  in  the  visions  of  his 
dying  bed  transported  him  back  to  the  stirring 
scenes  of  the  army  and  the  camp.  When  in  1797  a 
provisional  army  was  raised,  in  consequence  of  the 
hostile  proceedings  of  the  French  government,  he  was 
appointed  colonel  of  the  15th  regiment,  and  held 
this  rank  for  several  months,  and  until  the  additional 
troops  were  discharged.  From  this  appointment, 
which  in  effect  put  an  end  to  his  professional  life,  he 
derived  the  title  of  colonel,  by  which  he  was  after- 
wards usually  addressed. 

He  was  one  of  the  prominent  leaders  of  the 


150 


REMINISCENCES  OF  NEW  JERSEY. 


Federalists  in  New  Jersey,  and  in  February,  1801, 
was  chosen  by  the  legislature  senator  of  the  United 
States,  for  two  years,  in  the  room  of  Schureman, 
who  resigned.  This  place  he  held,  and  was  an 
influential  member  of  the  senate,  during  two  ses- 
sions. Upon  the  expiration  of  his  term,  the  repub- 
lican party  had  succeeded  in  carrying  a majority 
of  the  members  of  the'  legislature,  and,  of  course, 
he  was  not  reelected.  He  held,  however,  at  this 
time,  and  had  for  several  years  held  the  office  of  clerk 
of  the  County  of  Essex,  which  at  that  time  did  not 
interfere  with  his  practice  as  a lawyer.  But  in  De- 
cember, 1801,  an  act  of  the  legislature  was  passed 
declaring  that  if  any  person  holding  an  office  under 
the  State  had  been  elected  a member  of  the  senate  or 
house  of  representatives,  and  had  taken  his  seat,  the 
commission  under  the  State  should  be  considered 
vacant,  unles  she  should  resign  his  seat  in  Congress 
within  twenty  days  after  the  passing  of  said  act. 
Colonel  0«;den  declining  to  resign,  the  legislature 
elected  Jacob  Parkhurst  clerk,  and  he  took  posses- 
sion of  the  office.  A writ  of  quo  warranto  was 
thereupon  prosecuted  by  Ogden,  and  two  judges, 
namely,  Smith  and  Boudinot,  who  were  Federalists, 
pronounced  opinions  in  his  favor,  Kirkpatrick  taking 
the  other  side.  4 Hals.  R 43 1.  But  the  court  of 
errors  reversed  the  judgment  of  the  supreme  court, 
and  Parkhurst  not  only  continued  to  hold  the  office, 
but  his  expenses  in  defending  his  position  were  paid 
by  the  Statfe. 

Accustomed  as  we  now  are  to  the  frequent  changes 
in  the  politics  of  New  Jersey,  and  the  consequent 
changes  of  the  office  holders,  we  can  hardly  appre- 
ciate the  feelings  of  the  Federalists,  when  the  power 


AARON  OGDEN. 


151 


was  first  wrenched  from  their  hands,  and  when,  not- 
withstanding their  strenuous  efforts  to  regain  their 
position,  they  found  themselves  growing  weaker, 
year  by  year.  Scarcely  a lawyer  of  eminence  in  this 
State  could  be  counted  on  the  republican  side  ; and 
in  fact  most  of  the  educated  men  and  men  of  prop- 
erty in  the  State  were  Federalists.  They  held  all  the 
offices.  It  was  not  until  the  War  in  1812,  that,  with 
the  aid  of  a few  timid  Democrats,  who  were  induced 
to  join  them  under  the  name  of  “ Friends  of  Peace/' 
they  could  again  obtain  a majority  in  the  State.  In 
the  fall  of  1812  they  nominated  full  tickets  for  elec- 
tors and  members  of  Congress,  and  succeeded  in  ob- 
taining  a majority  in  both  houses  of  the  legislature. 
Aaron  Ogden  was  elected  by  the  joint  meeting  gov- 
ernor, thirty  votes  being  cast  for  him,  and  twenty- 
two  for  William  S.  Pennington. 

In  1807  an  act  had  been  passed  requiring  the 
electors  of  president  and  vice-president  to  be  chosen 
by  a vote  of  the  people  on  the  first  Tuesday  of  No- 
vember. Members  of  Congress  had  from  the  begin- 
ning  been  elected  by  a general  ticket.  The  peace 
party  of  the  United  States  had  nominated  De  Witt 
Clinton,  before  this  time  a Democrat,  who  now  (it  is 
said  by  James  A.  Hamilton,  in  his  “ Reminiscences," 
page  44)  declared,  “that  the  policy  of  the  federal 
party,  which  was  that  adopted  by  Washington  and 
Adams,  was  the  only  course  of  measures  which  could 
promote  the  interests  and  preserve  the  honor  of  the 
country ; I well  know  the  views  and  purposes  of  the 
democratic  and  jacobin  parties,  and  have  no  confidence 
in  them  ; as  president  I would  administer  the  govern- 
ment upon  the  system  of  Washington  and  Hamilton.” 
This  was  satisfactory  to  such  of  the  Federalists  as  were 


152 


REMINISCENCES  OF  NEW  JERSEY. 


willing  to  trust  him;  but  it  induced  Governor  Jay  to 
ask,  “ Mr.  Clinton,  do  your  democratic  friends  know 
that  these  are  your  opinions  and  purposes?”  To  in- 
sure, as  they  hoped,  the  election  of  Clinton,  the  legis- 
lature hastened  to  repeal  the  act  of  1807,  and  to  pro- 
vide that  the  electors  should  be  chosen  by  themselves 
in  joint  meeting.  This  act  did  not  become  a law  until 
the  29th  of  October,  and  the  succeeding  Tuesday  was 
the  day  of  the  election  by  the  people.  Express  riders 
were  sent  out  with  certified  copies  of  the  new  law, 
who  did  not  reach  some  of  the  counties  until  the  vot- 
ing had  actually  commenced. 

It  should  not  be  forgotten  that  one  federal  mem- 
ber was  found  wise  and  firm  enough  to  resist  this, 
under  the  circumstances,  wrong  and  injudicious  meas- 
ure ; and  to  vote  against  it  from  its  inception  to  its 
final  passage,  regardless  of  the  entreaties  and  re- 
proaches of  his  friends.  This  was  James  Parker,  of 
Perth  Amboy,  who  died  recently  at  the  age  of  ninety- 
two,  after  a life  of  great  public  usefulness.  He  be- 
came a member  of  the  legislature  in  1806,  and  was 
elected  eleven  times  to  that  place,  taking  an  active 
part  in  the  business,  and  especially  in  establishing 
the  public  schools.  He  was  one  of  the  commissioners 
to  settle  the  boundary  between  the  States  of  New 
Jersey  and  New  York,  in  1807,  1827,  and  1833,  and 
from  his  thorough  knowledge  of  all  the  circum- 
stances of  the  case,  had  great  influence  with  the  com- 
missioners of  this  State,  and  in  the  final  adjustment 
of  the  controversy.  It  may  be  remarked,  however,  in 
passing,  that  all  the  New  Jersey  commissioners  en- 
tered upon  and  concluded  that  negotiation  under  the 
opinion  that  the  title  to  the  land  on  the  shore  from 
high  water  mark  to  low  water  mark,  was  in  the  own- 


AARON  OGDEN. 


153 


ers  of  the  adjoining  upland,  and  not,  as  it  has  since 
been  held,  in  the  State.  That  the  State  would  un- 
dertake to  sell  the  shore  to  railroad  companies  or 
others,  was  not  then  contemplated.  Mr.  Parker  was 
among  the  Hamilton  Federalists  who  gave  his  support 
to  Jackson  in  preference  to  John  Quincy  Adams,  hav- 
ing been  chosen  an  elector  in  1828.  He  was  a repre- 
sentative in  Congress  from  1833  to  1837,  but  after- 
wards acted  with  the  Whigs.  It  would  be  well  for 
the  country  if  his  example  in  resisting  his  party, 
when  he  believed  them  to  be  clearly  wrong,  should 
be  followed  by  more  of  our  leading  politicians,  who 
might  thus  in  many  cases  defeat  measures  urged  by 
extremists,  to  the  public  injury. 

De  Witt  Clinton  failed  to  be  elected,  and  the  peace 
party  came  to  an  end  ; so  that  in  October,  1813,  Colo- 
nel O^den  was  succeeded  as  governor  bv  William  S. 
Pennington.  While  he  held  the  office,  President 
Madison,  who,  in  consequence  of  the  ill  success  of 
the  army,  had  displaced  his  secretary  of  war,  and  put 
Armstrong  at  the  head  of  that  department,  nominated 
Colonel  Ogden  as  a major-general,  with  the  purpose, 
as  it  was  understood,  of  giving  him  the  command  of 
the  forces  operating  against  Canada,  and  his  nomina- 
tion was  unanimously  confirmed  by  the  senate.  Arm- 
strong was  well  acquainted  with  his  military  capacity, 
and  there  is  no  reason  to  doubt  that  he  would  have 
proved  a good  commander.  But  although  his  predi- 
lections were  for  a military  life,  and  it  was  with  great 
reluctance  he  took  the  resolution  of  declining  the  ap- 
pointment, his  political  situation  was  such  that  he 
could  not  with  propriety  do  otherwise.  He  put  his 
decision  upon  the  ground  that  he  could  be  more 
useful  in  aiding  to  repel  the  enemy,  then  threat- 


154 


•REMINISCENCES  OF  NEW  JERSEY. 


ening  to  land  an  invading  army  upon  our  shore, 
as  comrnander-in-chief  of  the  militia.  In  this  capac- 
ity he  was  active  in  organizing  volunteer  corps  for 
the  defense  of  New  York,  and  would  no  doubt  have 
taken  the  field  in  person  had  the  emergency  re- 
quired it. 

Up  to  this  time  he  was  a prosperous  man,  and  had 
a happy  home,  where  he  dispensed  an  unbounded 
hospitality.  But  he  had  become  concerned  in  a busi- 
ness which,  although  at  first  promising  great  success, 
after  years  of  vexatious  conflict  ended  in  his  ruin. 
In  conjunction  with  Daniel  Dod,  he  engaged  in  the 
business  of  running  a steamboat  between  Elizabeth- 
town and  New  York.  This  brought  him  into  a conflict 
with  Livingston  and  Fulton,  to  whom  the  legislature 
had  granted  an  exclusive  right  to  navigate  the  waters 
of  that  State  with  steamboats  for  a term  of  years.  In 
1813,  the  legislature  of  New  Jersey  had  passed  an  act, 
somewhat  retaliatory  in  its  character,  granting  ex- 
clusive privileges  in  the  waters  of  New  Jersey  to  Dod 
and  Ogden.  This  produced  an  application  from  Liv- 
ingston for  the  repeal  of  this  act,  and  the  parties  with 
their  counsel  and  witnesses  were  granted  a hearing 
at  the  bar  of  the  house,  in  January,  1815,  the  cele- 
brated Thomas  Addis  Emmet  appearing  and  being 
heard  for  Livingston,  and  Samuel  L.  Southard  and 
Joseph  Hopkinson  for  Dod  and  Ogden.  Several  days 
were  consumed  in  the  argument  and  hearing  of  tes- 
timony; and  the  result  was,  that  the  law  complained 
of  was  repealed.  And  besides  this  conflict  with  Liv- 
ingston and  Fulton,  the  laws  for  the  protection  of 
steamboats  in  New  Jersey  became  complicated  with 
the  question  of  jurisdiction  over  the  waters  of  the 
Hudson  and  the  bay  of  New  York,  between  the  two 


AARON  OGDEN. 


155 


States.  From  year  to  year  laws  were  passed,  having 
both  these  disputes  in  view.  When  I first  entered 
the  legislature  in  the  fall  of  1820,  I endeavored,  with- 
out success,  however,  to  aid  Colonel  Ogden  in  obtain- 
ing a modification  of  one  of  these  laws,  which  I 
thought  bore  against  him  unjustly;  and  I then  for 
the  first  time  became  well  acquainted  with  him. 

His  troublesome  adversary  was  Thomas  Gibbons,  a 
lawyer  who  had  ’ amassed  a large  estate  in*  the  south, 
and  who,  about  the  year  1812,  had  removed  to  Eliza- 
bethtown, where  he  resided  until  1825,  dying  in  New 
York  in  1826.  He  set  up  an  opposition  steamboat, 
and  engaged  in  the  war  with  untiring  zeal  and  deadly 
hostility.  Litigation  and  conflict  of  the  most  vexa- 
tious aijd  trying  character  ensued,  by  which,  although 
the  personal  character  of  Colonel  Ogden  remained 
untarnished,  he  was  harassed,  and  finally  defeated. 
His  exertions  during  these  conflicts  were  very  great ; 
everything  conspired  to  rouse  him  to  vigorous  action. 
The  great  importance  of  the  questions  involved,  a 
firm  conviction  of  the  justice  of  his  claims,  a deep 
sense  of  personal  injury,  the  resistance  of  a proud 
spirit  against  tyrannical  oppression,  his  fortune  and 
the  happiness  of  his  family  at  stake  upon  the  issue, 
all  conspired  to  call  forth  his  utmost  efforts.  Every 
energy  of  body  and  mind  were  brought  into  action. 
But  his  efforts  to  sustain  himself,  mighty  as  they 
were,  proved  unavailing.  His  fortune  was  sunk,  his 
spirits  .were  broken,  domestic  affliction  supervened 
by  the  loss  of  his  wife  in  1825,  and  he  never  recov- 
ered the  position  from  which  he  fell. 

After  the  repeal  of  the  law  of  New  Jersey,  he  was 
compelled  to  enter  into  an  arrangement  with  Living- 
ston and  Fulton,  who  authorized  him  to  run  his  boat 


156 


REMINISCENCES  OF  NEW  JERSEY. 


in  the  waters  of  New  York.  In  order  to  avail  him- 
self of  this  arrangement,  it  became  necessary  for  him 
to  file  a bill  in  the  court  of  chancery  of  New  York 
against  Gibbons,  and  that  court  sustained  him  by  pro- 
hibiting the  running  of  his  opponent’s  boat,  and  the 
court  of  appeals  of  the  State  of  New  York  affirmed 
the  decree  in  his  favor.  But  Gibbons  carried  the  case 
into  the  supreme  court  of  the  United  States,  and  that 
court  reversed  the  decision  of  the  New  York  court; 
holding  that  as  Gibbons’  boat  was  licensed  to  carry 
on  the  coasting  trade,  under  the  laws  of  the  United 
States,  that  was  a regulation  of  commerce  paramount 
to  any  law  of  a State,  by  virtue  of  which  his  boat. had 
a right  to  run  from  one  State  to  another,  although 
forbidden  to  do  so  by  the  local  law.  By  this  decision 
the  great  principle  was  established,  in  the  language 
used  by  Mr.  Webster  in  the  argument,  that  “ the  com- 
merce of  the  United  States  is  a unit.”  The  steamboat 
monopoly  was  overthrown. 

The  adversary  with  whom  he  had  to  contend  was 
devoid  of  scruples,  delighted  in  warring  with  poisoned 
arrows,  and  unhappily  had  at  his  command  not  only 
great  wealth,  but  political  and  personal  rivalries  that 
made  it  impossible  to  withstand  him.  The  now 
celebrated  millionaire  of  New  York,  Cornelius  Van- 
derbilt, was  one  of  the  captains  he  employed,  and  was 
much  trusted  by  him. 

About  the  year  1816  Gibbons  undertook  to  chal- 
lenge Colonel  Ogden  to  a personal  combat;  and  when 
he  was  treated  with  the  contempt  he  deserved,  and  his 
communication  would  not  be  received,  he  proceeded 
with  a horsewhip  in  his  hand,  to  fasten  a libelous 
handbill  on  the  colonel’s  office  door,  when  he  was 
himself  absent,  but  in  the  view  of  his  family.  This 


AARON  OGDEN. 


157 


produced  an  action  of  trespass  against  him,  in  which 
the  jury  rendered  a verdict  in  Colonel  Ogden’s  favor, 
and  assessed  the  damages  at  five  thousand  dollars. 
The  application  to  set  this  verdict  aside  is  reported  in 
2 South.  R.  518.  The  court  declined,  to  interfere  ; but 
a bill  of  exceptions  had  been  taken  at  the  trial,  the 
case  was  removed  by  writ  of  error  into  the  court  of 
errors,  then  consisting  of  the  legislative  council,  and 
a majority  was  procured  to  reverse  the  judgment. 
Upon  a second  trial,  the  jury  rendered  a verdict  for 
fifteen  hundred  dollars. 

In  1829  he  removed  his  residence  to  Jersey  City, 
and  in  the  winter  of  that  year  he  was  arrested  for  debt 
in  the  city  of  New  York,  and  remained  in  confinement 
two  or  three  months,  declining  entirely  the  offers  of 
friends  to  settle  the  claim.  When  this  action  bec  ame 
known  at  Albany,  the  legislature  of  New  York,  — and 
it  is  said  through  the  volunteer  exertions  of  Aaron 
Burr,  — passed  a law  not  only  forbidding  the  future 
imprisonment  for  debt  of  a revolutionary  soldier,  but 
making  it  so  to  operate  as  to  discharge  Colonel  Ogden 
forthwith.  A similar  law  was  passed  in  New  Jersey. 

He  was  among  those  old  Federalists,  who,  being 
ardent  admirers  of  General  Hamilton,  regarded  John 
Quincy  Adams  as  a renegade,  and  therefore  preferred 
and  supported  Jackson  for  the  presidency.  He  was 
to  some  extent  provided  for,  not  only  by  his  pension 
as  an  old  soldier,  but  by  an  act  of  Congress  creating 
a custom-house  office  at  Jersey  City,  which  he  held 
during  the  remainder  of  his  life.  The  State  of  New 
Jersey  granted  him  a tract  of  land  opposite  that  city, 
and  below  the  low  water  mark  of  the  river,  which, 
however,  did  not  prove  to  be  of  nUich  value.  He 
died  in  1839,  at  the  age  of  eighty-three. 


CHAPTER  VI. 


GOVERNORS  I HAVE  KNOWN. 


WILLIAM  S.  PENNINGTON.  MAHLON  DICKERSON.  ISAAC  H.  WIL- 
LIAMSON. PETER  D.  VROOM. 


ILLIAM  SANDFORD  PENNINGTON,  governor 


and  chancellor  from  1813  to  1815,  was  elected 
by  the  joint  meeting  of  the  legislature,  in  October, 
1813.  When  I was  examined  for  license  as  an  at- 
torney, in  May,  1815, 1 recollect  that,  according  to  the 
usage  at  that  time,  I called  on  him  with  my  recom- 
mendation, signed  by  the  justices  of  the  supreme 
court,  and  he  signed  my  commission.  He  resided 
then  with  his  family  in  the  government  house,  now 
the  State  Street  Hotel,  and  was  the  last  governor  who 
did  this.  His  successors  for  many  years  rented  the 
house  to  some  person  with  whom  they  boarded  when 
in  Trenton.  None  of  them  permanently  resided  in 
that  place. 

Governor  Pennington  was  the  great-grandson  of 
Ephraim  Pennington,  one  of  the  original  settlers  of 
Newark,  emigrants  from  Connecticut.  His  name  is 
subscribed  to  the  fundamental  agreements  regulating 
the  settlement,  dated  June  24,  1667 ; one  of  which 
was  that  none  but  church-members  should  be  admit- 
ted freemen  or  have  a vote;  and  that  they  would 
with  care  and  diligence  provide  for  the  maintenance 
of  the  purity  of  religion  professed  in  the  congrega- 
tional churches. 


WILLIAM  S.  PENNINGTON. 


159 


The  great-grandson  was  born  in  Newark,  in  the 
year  1767.  But  little  is  known  now  of  his  early  life. 
It  is  understood  that  he  was  apprenticed  to  his  moth- 
er’s brother,  Mr.  Sandford,  a farmer,  after  whom  he  was 
named,  who  proposed  to  leave  him  some  of  his  prop- 
erty; but  on  the  breaking  out  of  the  Revolutionary 
War,  the  uncle  was  a loyalist,  and,  threatening  to 
change  his  will  if  the  nephew  joined  the  rebels,  a 
controversy  arose  which  ended  in  canceling  the  in- 
dentures, and  the  young  man  soon  entered  the  army. 

The  tradition  in  the  judge’s  family  always  has  been 
that  his  first  service  was  as  a non-commissioned  officer 
in  a company  of  artillery,  and  that  at  one  of  the  en- 
gagements with  a detachment  of  the  British  army,  he 
was  found  by  General  Knox,  almost  alone,  actively 
loading  and  firing  a piece  of  artillery,  with  such  signal 
bravery  as  to  attract  the  attention  of  the  general,  and 
to  induce  him  to  promise  him  a commission  on  the 
field.  It  appears  that  he  was  commissioned  as  a lieu- 
tenant of  the  second  regiment  of  artillery,  April  21, 

1780,  to  take  rank  from  September  12,  1778.  But 
little  is  now  known  of  the  particulars  of  his  service, 
except  so  far  as  they  are  stated  in  a private  journal, 
commencing  May  4,  1780,  and  ending  in  March, 

1781.  During  most  of  this  time  he  was  with  the 
park  of  artillery  in  the  neighborhood  of  West  Point. 

He  notices  the  conflict  at  the  short  hills,  near 
Springfield,  June  23,  1780,  but  did  not  himself  par- 
ticipate in  it.  Upon  the  occasion  of  a visit  to  Newark 
in  July,  he  states:  “The  power  I suffered  my  passions 
to  have  over  me  when  I came  home,  upon  finding  my 
horse  carelessly  lost,  how  I threw  my  sword  down  and 
broke  the  hilt,  etc.,  is  not  fit  to  be  recorded.  How- 
ever, I found  my  horse  after  much  fatigue.”  He 


160 


REMINISCENCES  OF  NEW  JERSEY. 


mentions  sleeping  in  a hay-rick  at  Newark,  on  one 
occasion,  for  fear  of  being  surprised  by  refugees. 
The  usual  camp  rumors  of  successes  or  disasters  at 
other  places  are  recorded,  most  of  which  turned  out 
to  be  very  erroneous.  In  September,  be  records  that 
plundering  and  marauding  bad  become  so  common  in 
the  army,  that  bis  excellency  the  commander-in-chief 
bad  ordered  a soldier  convicted  of  the  crime  to  be 
executed,  and  declared  his  intention  to  show  no  favor 
to  any  person  convicted  of  so  infamous  a crime.  Of 
the  date  of  September  20,  news  was  received  of  the 
treason  of  Arnold  and  the  capture  of  Andre.  “ Mon- 
day, 2d  October,  1780.  — This  day,  at  twelve  o’clock, 
Major  Andre,  adjutant-general  of  the  British  army, 
was  executed  in  camp  as  a spy.  He  behaved  with 
great  fortitude.  Although  sell-preservation  and  the 
laws  and  usages  of  nations  justify,  and  policy  dictates 
the  procedure,  yet  I must  conceive  most  of  the  officers 
in  the  army  felt  for  the  unfortunate  gentleman.” 
u Wednesday,  October  16,  I spent  a principal  part 
of  the  day  in  Newark,  visiting  my  female  acquaint- 
ances in  this  place.  The  ladies  in  town,  to  do  them 
justice,  are  a very  sociable,  agreeable  set  of  beings, 
whose  company  serves  to  educate  the  mind,  and  in  a 
manner  to  compensate  the  toils  of  a military  life.” 
He  mentions  dining  with  General  Howe  and  General 
Knox.  “ Tuesday,  December  26.  — This  day  I had  the 
honor  to  dine  at  his  excellency  General  Washington’s 
table,  and  the  pleasure  of  seeing  for  the  first  time  the 
celebrated  Mrs.  Washington.  Instead  of  the  usual 
subjects  of  great  men’s  tables,  such  as  conquering  of 
worlds  and  bringing  the  whole  human  race  into  sub- 
jection to  their  will,  or  of  the  elegance  of  assemblies 
and  balls,  and  the  sublimity  of  tastes  in  dress,  etc.,  the 


WILLIAM  S.  PENNINGTON. 


161 


simple  but  very  laudable  topic  of  agriculture  was  in- 
troduced by  his  excellency,  who,  I think,  discussed  the 
subject  with  a great  degree  of  judgment  and  knowl- 
edge. The  wine  circulated  with  liberality,  but  the 
greatest  degree  of  decorum  was  observed  through  the 
whole  course  of  the  afternoon.”  January  6,  1781,  the 
mutiny  of  the  Pennsylvania  troops  at  Morristown  is 
mentioned.  “ Monday,  22d,  we  received  information 
that  the  Jersey  line  had  followed  the  example  of 
Pennsylvania  in  mutinying,  in  consequence  of  which  a 
detachment  of  artillery  consisting  of  three  3-pounders, 
to  be  commanded  by  Captain  Stewart,  was  ordered  to 
parade  immediately.  I was  ordered  to  join  the  above 
detachment,  vice  Ailing.  25th.  — This  day  the  de- 
tachment marched  to  Smith’s  Cove,  and  halted  for  the 
night.  26th.  — This  day  we  marched  to  Ringwood, 
and  joined  a detachment  under  Major-general  Howe. 
Saturday,  27th. — This  day  the  above  detachment 
marched  at  one  o’clock,  and  at  daylight  surrounded 
the  Jersey  encampment  near  Pompton,  where  the  mu- 
tineers were  quartered.  No  other  terms  were  offered 
to  them,  than  to  immediately  parade  without  their 
arms.  General  Howe  likewise  sent  them  word  by 
Lieutenant-colonel  Barber,  that  if  they  did  not  comply 
in  five  minutes,  he  would  put  them,  all  to  the  sword  ;; 
rather  than  run  the  risk  of  which  they  surrendered. 
Upon  which  the  general  ordered  a court-martial  in  the 
field  to  try  some  of  their  leaders  ; three  of  whom, 
namely,  Grant,  Tuttle,  and  Gilmore,  were  sentenced 
to  suffer  death.  Grant,  from  some  circumstances  in 
his  behavior,  was  pardoned.  Tuttle  and  Gilmore  were 
immediately  executed.  The  mutineers  returned  to 
their  duty,  and  received  a general  pardon.” 

“February  8.  — This  afternoon  an  entertainment 

u 


162 


REMINISCENCES  OF  NEW  JERSEY. 


was  given  by  Lieutenant-colonel  Stevens,  of  the  sec- 
ond regiment,  his  excellency  General  Washington,  the 
Marquis  de  Lafayette  and  families,  and  the  officers  of 
the  park  of  artillery.  His  excellency  and  the  marquis 
left  us  at  dark,  upon  which  we  immediately  opened  a 
ball,  and  spent  the  evening  very  agreeably,  but  la- 
mented the  absence  of  the  ladies  of  our  acquaintance, 
who  would  have  graced  the  ball  had  they  been  there, 
and  rendered  the  entertainment  perfectly  consum- 
mate. Mrs.  Stevens  was  the  only  lady  that  graced 
the  assembly.” 

His  service  after  this  year  I have  not  been  able  to 
ascertain,  except  that  the  park  of  artillery  to  which 
he  belonged  took  part  in  the  siege  of  Cornwallis 
at  Yorktown,  in  Virginia.  It  appears  that  he  was 
wounded,  but  when  and  where  is  unknown.  He  left 
the  service  with  the  rank  of  captain  by  brevet. 

After  the  war  he  carried  on  the  business  of  a hatter 
for  a short  time,  and  is  supposed  to  have  worked  at 
that  trade  before  he  entered  the  army.  He  soon 
engaged  in  mercantile  business  in  Newark ; and  in 
1797  was  elected  a member  of  the  Assembly  from  the 
County  of  Essex,  remaining  a member  of  that  body 
three  years.  In  1801  he  was  elected  a member  of 
the  council,  and  again  in  1802.  Upon  the  great  di- 
vision of  parties  which  occurred  about  this  time,  he 
and  his  brother  Samuel  warmly  espoused  the  repub- 
lican side,  in  opposition  to  the  federal  party  of  that 
day,  and  continued  to  be  leaders  of  their  party  for 
the  ensuing  twenty  years.  In  the  fall  of  1820,  when 
a successful  effort  was  made  to  assuage  the  fierce 
party  spirit  which  had  prevailed,  I had  the  pleasure 
of  meeting  Samuel  Pennington  in  the  House  of  As- 
sembly, where  we  heartily  cooperated  in  leaving  the 


WILLIAM  S.  PENNINGTON. 


163 


responsibility  of  electing  the  county  officers,  then 
mostly  chosen  in  joint  meeting  of  the  two  houses,  to 
the  members  of  the  county,  without  regard  to  party 
affinities,  never  interfering  if  they  could  agree.  His 
brother  William  was  the  leader  of  the  Republicans  in 
1802,  when  there  was  a tie  in  the  joint  meeting,  so 
that  no  governor  could  be  chosen  during  the  year. 
As  a senator  was  also  to  be  chosen  at  this  time,  the 
Federalists,  by  their  committee,  offered  to  the  Repub- 
licans their  choice  of  these  two  offices  ; but  the  re- 
publican committee,  headed  by  Pennington,  were  too 
confident  that  a strong  current  was  running  in  their 
favor  to  accept  this  compromise,  so  that  during  this 
year  both  the  offices  were  left  vacant. 

Being  of  an  active  mind,  Pennington  entered  the 
office  of  Mr.  Boudinot  as  a student  of  law,  and  in  May, 
1802,  was  licensed  as  an  attorney.  In  February,  1804, 
he  was  elected  by  the  joint  meeting  an  associate  jus- 
tice of  the  supreme  court,  less  than  two  years  after 
he  was  licensed  as  an  attorney,  and  before  he  could 
become  a counselor.  The  Republicans  had  but  few 
lawyers  belonging  to  their  party,  and  were  obliged  to 
take  the  best  they  had  or  appoint  their  opposers,  — 
as  matters  then  stood,  a thing  not  to  be  thought  of. 
The  vacancy  filled  by  Pennington  was  occasioned  by 
the  promotion  of  Andrew  Kirkpatrick  to  be  chief  jus- 
tice, who  not  being  a politician  acted  with  the  Repub- 
licans, and  was  accepted  as  belonging  to  their  party, 
although  never  accredited  as  a partisan.  In  the  fall 
of  1804,  William  Rossell,  a man  of  good  judgment  and 
excellent  character,  a saddler,  with  but  the  slightest 
knowledge  of  law,  \vas  appointed  an  associate  justice 
of  the  supreme  court.  The  latter  never  acquired  the 
confidence  of  the  bar ; but  Judge  Pennington,  who 


164 


REMINISCENCES  OF  NEW  JERSEY. 


was  a strong  minded  man  and  diligent  student,  was 
soon  accepted  as  a good  judge.  He  was  appointed  re- 
porter in  1806,  by  virtue  of  a law  then  recently  passed. 
Kirkpatrick,  who  was  an  accomplished  lawyer,  of 
course  led  the  court ; but  Pennington  did  not  hesitate 
when  he  thought  him  wrong,  to  differ,  and  seldom 
failed  to  support  his  opinions  by  sound  reasons.  I re- 
member being  present  in  court,  before  I was  licensed, 
and  for  the  first  time,  when  an  important  cause  had 
been  noticed  for  trial  at  the  bar,  and  when  a jury  of 
view  and  many  witnesses  were  in  attendance  from 
Cumberland.  The  plaintiff  not  being  prepared  to 
bring  on  the  trial,  his  counsel  objected  to  doing  so,  on 
the  ground  that  the  defendant’s  attorney  had  neg- 
lected to  add  the  similiter  to  the  plaintiff’s  replication 
tendering  an  issue.  The  chief  justice  held  this  indis- 
pensable, and  Judge  Rossell  concurred;  but  Judge 
Pennington  held  that  the  similiter  was  so  purely  a 
matter  of  form  that  it  might  be  at  any  time  added. 
Now,  as  is  known  to  the  bar,  a statute  has  declared 
even  the  form  unnecessary.  The  consequence  of  this 
decision  was  to  save  the  plaintiff  from  the  payment 
of  heavy  costs. 

When  the  peace  party  obtained  a majority  in  the 
fall  of  1812,  Pennington  was  the  candidate  of  the  re- 
publican, or  as  they  were  then  and  afterwards  called, 
the  democratic  party,  and  received  twenty-two  votes 
in  the  joint  meeting  for  governor,  against  thirty  cast 
for  Colonel  Aaron  Ogden.  In  1813  he  received  thirty 
votes  for  that  office,  while  Ogden’s  vote  was  reduced  to 
twenty.  In  1814  Pennington  received  twenty-nine 
votes  and  Ogden  twenty-three. 

In  the  year  1815  Robert  Morris,  who  held  the  place 
of  judge  of  the  United  States  district  court  for  New 


WILLIAM  S.  PENNINGTON. 


165 


Jersey,  and  had  for  several  years  been  in  such  bad 
health  as  to  be  unable  to  hold  the  court,  died.  Pen- 
nington was  nominated  by  President  Madison  to  suc- 
ceed him,  and  being  confirmed  by  the  senate,  held 
that  office  until  his  death,  residing,  as  he  had  after  he 
ceased  to  be  governor,  at  Newark. 

At  this  time  the  district  court  held  two  terms  in 
each  year  at  Burlington  and  two  at  New  Brunswick. 
The  court  rarely  sat  more  than  one  day,  very  little 
business  coming  before  it.  In  1824  Joseph  MTlvaine, 
who  had  been  for  several  years  the  district  attorney 
for  the  United  States,  having  been  elected  to  the  sen- 
ate of  the  United  States,  I was  appointed  district  at- 
torney in  his  place,  and  thus  became  more  intimately 
acquainted  with  Judge  Pennington.  His  son  William 
(afterwards  governor)  was  clerk  of  the  court.  Our 
united  efforts,  I remember,  were  always  unavailing,  to 
induce  him  to  keep  his  court  open  one  day  beyond 
what  was  absolutely  necessary  for  the  transaction  of 
the  public  business,  and  thus  to  permit  us  to  receive  a 
little  more  daily  pay.  He  belonged,  indeed,  to  that  old- 
fashioned  race  of  politicians,  now  apparently  extinct, 
who  thought  first  of  their  duty  to  the  country,  and  did 
not  subordinate  that  to  the  interests  of  themselves  or 
their  friends.  Judge  Washington,  with  whom  he  sat 
in  the  circuit  court,  although  an  incorruptible  judge, 
was  much  more  liberal  (lavish,  perhaps,  is  the  proper 
designation),  saying,  very  pleasantly,  that  Uncle  Sam 
was  rich,  and  a public  debt  was  a public  blessing, — 
a common  sentiment  then  among  the  old  Federalists, 
upon  the  idea  that  a heavy  debt  tended  to  strengthen 
the  general,  or,  as  was  then  the  favorite  phrase,  the 
federal  government. 

During  the  five  years  I held  the  office  of  district 


166 


REMINISCENCES  OF  NEW  JERSEY. 


attorney,  no  grand  jury  was  summoned  in  the  United 
States  district  court;  but  such  a jury  was  convened 
twice  in  each  year  in  the  circuit  court.  But  one  in- 
dictment, however,  was  drawn  by  me,  and  that  was  for 
an  alleged  obstruction  of  the  mail,  which,  as  it  turned 
out  on  the  trial,  happened  from  the  fact  that  Ball 
(a  well  known  deputy  sheriff  of  Essex  County)  could 
not  win  a bet  he  foolishly  made  with  Reeside’s  driver, 
that  his  horse  could  outtrot  the  splendid  team  of 
full  blooded  animals  then  on  the  route  between  Eliz- 
abeth and  Newark.  The  charge  against  Ball,  sup- 
ported by  evidently  hard  swearing,  was  by  way  of 
offset  against  an  indictment  of  the  driver  in  the  state 
court,  for  purposely  driving  his  heavy  stage  upon 
Ball’s  light  carriage,  and  upsetting  him  into  the  ditch. 
Since  the  War  of  the  Rebellion  the  criminal  business 
of  the  United  States  courts  has  been  much  increased, 
and  the  tendency  is  to  increase  it  still  more.  This, 
added  to  the  business  of  the  bankrupt  court,  has  made 
the  district  court  a very  busy  and  very  important  tri- 
bunal. 

The  business  transacted  in  Judge  Pennington’s 
court  consisted  of  a few  informations  for  violations  of 
the  revenue  laws,  and  suits  for  debts  due  the  United 
States  and  the  postmaster-general.  I remember  but 
one  decision  of  the  judge  important  enough  to  be 
stated,  and  that  was  the  construction  of  the  New  Jer- 
sey statute,  enacting  that  a scroll  or  other  device,  by 
way  of  seal  to  an  instrument  for  the  payment  of 
money,  should  be  of  the  same  force  as  a wax  seal,  so 
as  to  bring  within  that  description  the  official  bond  of 
a postmaster.  One  case  which  went  before  Judge 
Washington  upon  a writ  of  error,  and  is  reported  in 
4th  Washington  Circuit  Court  Reports,  presented  a 


WILLIAM  S.  PENNINGTON. 


167 


complexity  of  pleading  and  issues  so  singular  and  so 
complete,  that  the  judge  took  the  papers  to  Philadel- 
phia, as  he  said,  to  show  some  of  the  lawyers  there 
a perfect  common  law  record.  It  was  an  action  at 
the  suit  of  the  Postmaster-general  vs.  Reeder  and 
his  sureties,  the  pleading  in  which*  had  been  filed 
when  I took  charge  of  it.  The  declaration,  in  accord- 
ance with  the  practice,  was  simply  upon  the  penalty 
of  the  bond,  without  assigning  the  special  breaches. 
Ten  pleas  were  interposed,  to  some  of  which  there 
were  demurrers,  and  to  some  an  issue  of  fact  was 
joined,  one  of  them  being  a general  allegation  of 
fraud.  The  demurrers  were  all  held  to  be  well  taken. 
Upon  the  trial  of  the  issues  of  fact  before  a jury,  made 
up  mostly  of  residents  in  Trenton,  it  became  pretty 
manifest  that,  owing  to  the  sympathy  felt  for  Mr. 
Reeder’s  sureties,  the  jury  on  the  issue  of  fraud, 
which  consisted  only  in  long  forbearance  to  prose- 
cute, would  be  sure  to  disregard  the  judge’s  charge, 
and  render  a verdict  for  the  defendant.  By  the  ad- 
vice of  Richard  Stockton,  ftrho  was  associated  with  me 
as  counsel  for  the  government,  I demurred  to  the  evi- 
dence. Defendant’s  counsel  insisted  that  it  was  op- 
tional with  them  whether  they  would  join  in  the 
demurrer,  but  the  judge  ruled  they  were  bound  to  do 
so,  and  the  jury  was  dismissed.  Upon  the  argument 
of  this  demurrer,  it  appeared  one  of  the  pleas  upon 
which  issue  was  taken  was  fully  proven,  so  that  it  be- 
came necessary  to  insist  that  the  plea  itself  was  rad- 
ically bad,  and  presented  no  defense,  and  that  the 
case  was  substantially  the  same  as  if  the  jury  had  ren- 
dered their  verdict  finding  it  true,  when  it  would  be 
open  to  the  plaintiff  to  move  for  judgment  non  obstante 
veredicto , as  it  is  technically  called.  This  view  was 


168 


REMINISCENCES  OF  NEW  JERSEY. 


sustained  by  the  judge,  and  a judgment  ordered  for 
the  plaintiff  overruling  all  the  pleas.  It  then  became 
necessary  to  assign  the  breaches  and  assess  the  dam- 
ages upon  a writ  of  inquiry,  which  was  done,  and  a 
final  judgment  entered  for  the  plaintiff  After  an 
elaborate  argument  before  Judge  Washington,  he 
affirmed  this  judgment. 

Although,  as  I have  remarked,  Judge  Pennington 
was  an  ardent  Democrat,  there  is  every  reason  to  be- 
lieve that,  had  he  lived  until  the  formation  of  the 
whig  party,  he  would  have  sympathized  with  them, 
as  his  sons  and  most  if  not  all  his  family  connections 
and  friends  afterwards  did.  He  looked  upon  John 
Quincy  Adams  as  the  true  republican  successor  of 
Jefferson  and  Madison.  I remember  hearing  him, 
at  a Cincinnati  dinner,  about  the  beginning  of  Mr. 
Adams’  presidency,  say,  that  if  Jackson  should  be 
elected  president,  he  should  feel  his  neck  every  morn- 
ing, to  find  whether  his  head  was  still  in  its  right 
place  ; to  which  old  General  Heard  responded,  very 
forcibly,  “ You  can’t  lose  it  a day  too  soon.”  He  died 
September  17,  1826;  carried  to  his  grave  with  the 
respect  of  all  who  knew  him,  as  a reliable  friend,  an 
incorrupt  and  just  judge,  and  an  honest  man. 

Mahlon  Dickerson,  two  years  a justice  of  the  su- 
preme court  and  two  years  governor  and  chancellor, 
was  a descendant  of  Philemon  Dickerson,  who  with 
his  brothers  emigrated  from  England  and  landed  in 
Massachusetts  in  1638.  He  was  admitted  a freeman 
of  the  town  of  Salem  in  1641,  and  removed  to  South- 
old,  Long  Island,  1672.  He  had  two  sons,  Thomas  and 
Peter.  Thomas  had  four  sons,  all  of  whom  moved  to 
Morris  County,  New  Jersey,  about  1745,  and  from 


MAHLON  DICKERSON. 


169 


\ 

these  the  Dickersons  and  Dickinsons,  as  some  write 
their  names,  of  this  State  are  descended.  Mahlon  was 
the  grandson  of  one  of  these,  and  the  son  of  Jonathan 
Dickerson,  and  was  born  in  1771.  He  graduated  at 
Princeton  College  in  1789.  In  1793  he  was  licensed 
as  an  attorney,  but  does  not  appear  to  have  taken 
the  degree  of  counselor.  The  next  year  after  his 
graduation,  he  joined  Captain  Kinney’s  troop  of  horse, 
and  served  in  the  expedition  sent  into  Pennsylvania 
to  suppress  the  Whiskey  Insurrection. 

He  had  two  brothers,  one  of  whom  became  a physi- 
cian and  the  other  a lawyer,  and  they  appear  to  have 
all  taken  up  their  residence  in  Philadelphia.  Mahlon 
studied  for  a time  in  the  office  of  James  Milnor,  after- 
wards quite  distinguished  as  a member  of  Congress, 
and  a clergyman  of  the  Episcopal  Church  at  New 
York.  He  was  admitted  to  the  bar  of  Pennsylvania 
in  the  year  1797. 

In  politics  he  was  a zealous  Republican,  and  for 
some  time  wrote  for  the  “ Aurora  ” newspaper,  edited 
by  William  Duane.  In  1799  this  party  elected  Chief 
Justice  M’Kean  governor  of  Pennsylvania  for  three 
years,  and  he  was  reelected  twice  afterwards,  holding 
the  office  nine  years,  then  ineligible  for  another  term. 
Dickerson  was  chosen  a member  of  the  common 
council,  and  in  1802  was  appointed  by  Mr.  Jeffer- 
son a commissioner  of  bankruptcy,  in  company  with 
A.  J.  Dallas,  John  Serjeant,  and  Joseph  Clay,  leading 
supporters  of  the  Jefferson  administration.  In  1805 
Governor  M’Kean  appointed  him  adjutant-general, 
which  office  he  resigned  in  1808,  to  take  the  place  of 
recorder  of  the  city,  a judicial  office,  held,  as  then  con- 
stituted, during  good  behavior,  and  as  such  a mem- 
ber of  the  mayor’s  court,  exercising  criminal  jurisdic- 


170 


REMINISCENCES  OF  NEW  JERSEY. 


tion  in  the  city,  and  having  besides  the  power  and 
jurisdiction  of  a justice  of  the  peace. 

Governor  M’Kean  was  at  this  time  somewhat  ad- 
vanced in  life,  had  held  high  offices,  and  was  naturally 
irascible  and  self-willed.  His  powers  under  the  ex- 
isting constitution  of  the  State  were  very  extensive, 
the  appointment  of  the  state  and  many  of  the  county 
offices  being  vested  in  him,  without  the  necessity  of 
submitting  them  to  any  other  branch,  and  the  judi- 
cial offices  held  during  good  behavior,  with  the  pro- 
vision that  they  might  be  removed  by  the  governor 
upon  the  request  of  two  thirds  of  each  branch  of  the 
legislature.  It  was  said  that  upon  one  occasion, 
when  such  a request  was  made,  the  governor  appear- 
ing to  hesitate,  a committee  of  those  in  favor  of  the 
removal  waited  on  him,  and  submitted  a formal  argu- 
ment to  the  effect  that  the  word  “ may,”  as  used  in  ' 
the  constitution,  made  it  his  duty  to  comply;  but  after 
hearing  them  to  the  end,  he  broke  up  the  conference 
by  declaring  that  in  the  case  before  him,  may  meant 
won’t.  Durino;  the  governor’s  second  term,  he  so  en- 
tirely  disregarded  the  attempted  dictation  of  the  more 
violent  Democrats,  among  other  appointments  confer- 
ring the  place  of  chief  justice  on  William  Tilghman, 
one  of  the  federal  judges  of  the  United  States  circuit 
court,  that  he  was  openly  attacked  by  the  “ Aurora,” 
and  an  attempt  was  made  to  impeach  him.  But 
many  of  the  more  intelligent  and  conservative  Repub- 
licans, including  Dallas,  Serjeant,  Ingham,  and  Dicker- 
son,  supported  M’Kean,  forming  what  they  called  the 
constitutional  republican  party,  but  called  by  Michael 
Leib,  a noted  politician  of  that  day,  a tertium  quid 
party,  from  which  they  were  commonly  designated  as 
quids.  Dickerson  was  a zealous  and  active  supporter 


MAHLON  DICKERSON. 


171 


of  this  party,  and  wrote  many  political  squibs  in  the 
newspapers  that  supported  it.  Their  governor  was 
reelected,  by  the  aid  of  the  Federalists. 

Ilis  father  having  died,  leaving  what  proved  to  be  a 
very  valuable  real  estate,  Dickerson  took  up  his  resi- 
dence in  1810,  in  Morris  County,  for  the  purpose  of 
taking  charge  of  it.  In  1812,  and  again  in  1813,  he 
was  elected  a member  of  the  Assembly,  from  Morris 
County.  While  thus  a member,  he  was  chosen  by  the 
joint  meeting  in  November,  1813,  justice  of  the  su- 
preme court,  in  the  place  of  Pennington,  elected  gov- 
ernor. He  received  the  twenty-nine  votes  of  his  party, 
the  others,  numbering  twenty,  voting  for  Isaac  H.  Wil- 
liamson. He  was  also  appointed  reporter,  but  did  not 
accept  the  appointment,  and  in  fact  no  case  decided 
while  he  was  on  the  bench  has  been  reported.  It  has 
been  well  understood  that  he  had  no  love  for  the  pro- 
fession of  a lawyer,  nor  for  the  position  of  a judge  or 
chancellor.  He  was  chosen  governor  without  opposi- 
tion in  1815,  and  was  re-chosen  in  1816.  Butin  Feb- 
ruary, 1817,  he  was  chosen  senator,  no  person  being 
nominated  in  opposition  ; and  in  November,  1822,  he 
wras  again  chosen  in  the  same  manner.  When  bis  term 
again  expired  in  1829,  a majority  of  the  legislature 
were  opposed  to  him  in  politics,  and  Theodore  Fre- 
linghuysen  was  chosen  senator  for  six  years.  But  it 
happened  that  Ephraim  Bateman,  who  had  been  sena- 
tor two  years,  was  compelled  by  illness  to  resign,  and 
a contest  arose  in  filling  that  vacancy.  William  B. 
Ewing,  a member  of  the  Assembly,  was  a candidate, 
and  Mr.  Southard,  who  still  held  the  place  of  Secretary 
of  the  Navy  at  Washington,  was  advocated  by  his 
friends.  After  many  ineffectual  votes,  the  opponents 
of  Southard  carried  a resolution,  that  he  was  ineligible 


172 


REMINISCENCES  OF  NEW  JERSEY. 


because  his  residence  was  not  in  the  State.  The  re- 
suit  was  that  a majority  of  the  votes  were  finally  cast 
for  Dickerson. 

During  the  sixteen  years  Mr.  Dickerson  held  the 
place  of  senator,  he  was  an  influential  member  of  that 
body,  ranking  among  the  old-fashioned  Republicans, 
opposed  to  Calhoun  and  his  doctrines,  friendly  to  Wil- 
liam H.  Crawford,  rather  than  to  Adams  or  Jackson  ; 
but  taking  sides  with  Jackson,  when  things  so  fell  out, 
after  much  backing  and  filling,  that  his  party  took  the 
place  of  the  Democrats.  Being  largely  interested  in 
iron  mines,  he  differed  from  many  of  his  political  asso- 
ciates and  advocated  a high  protective  tariff. 

In  May,  1834,  he  was  appointed  Minister  to  Russia, 
and  expected,  for  some  time,  to  accept  the  situation, 
and  to  take  his  departure  for  St.  Petersburg,  but 
finally  decided  to  remain  at  home,  as  was  understood, 
at  the  particular  request  of  Mr.  Van  Buren,  to  afford 
him  his  aid  in  securing  his  nomination  and  election 
as  President.  In  June  of  that  year  he  was  taken  into 
General  Jackson’s  cabinet  as  Secretary  of  the  Navy, 
and  remained  in  that  position  four  years,  when  he  re- 
signed, and  may  be  said  to  have  retired  from  public 
life. 

In  September,  1840,  the  office  of  judge  of  the  dis- 
trict court  becoming  vacant  by  the  death  of  Judge 
Rossell,  he  was  appointed  to  succeed  him,  and  retained 
the  office  until  early  in  March,  1814,  when  he  resigned, 
and  his  brother  Philemon  was  appointed.  The  latter 
was  a member  of  the  house  of  representatives,  where 
parties  were  very  evenly  divided,  so  that  it  was 
not  thought  desirable  by  his  party  friends  that  he 
should  resign,  to  prevent  which,  Mahlon  accepted  and 
performed  the  duties  of  the  office  about  six  months. 


ISAAC  H.  WILLIAMSOi 


175 


N. 

After  this  he  was  for  two  years  preside  peaking  or  [ n 

ican  Institute  at  New  York.  He  had  an 

tune ; but  left  no  descendants,  never  havnin  early 

married.  He  died  at  his  residence  in  Suckasunny, 

Morris  County,  in  the  year  1853,  at  the  age  of  eighty- 

two. 

Isaac  H.  Williamson,  governor  and  chancellor  from 
1817,  to  1829  was  born  at  Elizabethtown,  in  the  year 
1767,  the  youngest  son  of  an  ancient  and  respectable 
family  of  that  place.  He  received  only  a common 
grammar-school  education,  and  studied  law  with  his 
brother,  Matthias  Williamson,  then,  and  for  many 
years,  one  of  the  leading  lawyers  of  the  State.  In 
1791  he  was  licensed  as  an  attorney,  in  1796  as  a 
counselor,  and  1804  was  called  to  be  a sergeant  at 
law. 

Continuing  to  reside  at  his  native  place,  he  soon 
took  a high  rank  as  a lawyer  and  advocate,  and  had 
a large,  and  for  that  day,  a profitable  business.  There 
were  in  the  County  of  Essex,  including  Newark  and 
Elizabethtown,  several  able  competitors  at  the  bar, 
among  whom  Col.  Aaron  Ogden  was  perhaps,  for  a 
time,  the  leader,  some  twelve  years  his  senior  in  age. 
When  Williamson  had  reached  the  head  of  his  pro- 
fession, and  Colonel  Ogden  had  allowed  himself  to  be 
diverted  to  other  pursuits,  the  latter,  speaking  of  their 
early  competition,  remarked,  that  he  soon  found  Isaac 
H.  Williamson  to  be  pressing  on  him  very  hard,  and 
the  one  whose  skill  and  learning  he  found  the  most 
troublesome  as  an  adversary.  His  practice  was  ex- 
tended into  several  of  the  adjoining  counties.  As  the 
deputy  of  Attorney-general  Woodruff,  he  prosecuted 
the  pleas  of  the  State  in  the  County  of  Morris  for 


172 


REMINIf  jCENCES  OF  NEW  JERSEY. 


because  his  re,:,ith  distinguished  ability.  The  indict- 
sult  was  tha1'  by  him  while  he  held  that  office,  con- 
for  Dick#3  oe  referred  to  for  years,  as  safe  precedents; 
and  indeed  no  lawyer  in  the  State  was  more  accurate 
in  all  the  details  of  his  profession.  He  once  remarked 
to  me,  while  governor,  that  he  had  never  been  obliged 
to  submit  to  a nonsuit,  in  any  cause  which  he  con- 
ducted as  an  attorney.  He  was  a diligent  student, 
and  made  himself  familiar  with,  all  the  doctrines  of 
the  common  law,  by  a careful  perusal  not  only  of  the 
old  writers,  like  Coke  upon  Littleton,  but  also  of  the 
reasoning  of  the  judges  in  the  books  of  Reports. 
After  I became  well  acquainted  with  him,  I found 
him  by  far  the  most  satisfactory  adviser  on  intricate 
questions  of  law  that  arose  in  my  practice ; indeed,  I 
might  with  truth  say,  the  only  useful  adviser  I un- 
dertook to  consult.  His  mind  seemed  so  thoroughly 
imbued  with  the  principles  of  the  law,  and  his  memory 
in  regard  to  decided  cases  so  exact,  that  he  seldom 
failed  to  afford  me  essential  aid ; and  he  did  it  always 
with  cheerful  readiness. 

It  may  be  said  without  exaggeration,  that  Mr.  Wil- 
liamson was  one  of  the  most  thorough-bred  lawyers 
that  ever  adorned  the  bar  of  New  Jersey.  His  learn- 
ing was  almost  entirely  the  learning  essential  to  a 
great  lawyer,  which  of  course  was  by  no  means  con- 
fined to  the  mere  technical  details  of  the  profession. 
He  was  a diligent  reader  of  history ; but  during  his 
busy  professional  life  he  did  not  allow  his  mind  to  be 
diverted  by  what  is  termed  light  literature ; and  he 
altogether  abstained  from  any  active  participation  in 
mere  party  politics.  He  was  an  able  and  very  suc- 
cessful advocate  ; and  when  made  chancellor,  became 
a great  equity  judge;  but,  like  Lord  Eldon,  he  was 


ISAAC  H.  WILLIAMSON. 


175 


not  master  of  a good  style,  either  in  speaking  or  in 
writing. 

Although  never  active  in  politics,  he  was  in  early 
life  ranked  as  a Federalist,  and  did  not  afterwards  at- 
tempt to  conceal  or  deny  the  fact.  But  he  did  not 
sympathize  with  that  party  in  their  violent  opposition 
to  the  war  with  Great  Britain  which  commenced  in 
1812.  After  the  close  of  that  contest,  when  it  be- 
came apparent  that  a change  in  the  political  conflicts 
of  the  country  was  about  to  ensue,  he  was  in  the  year 
1815  put  upon  the  ticket  for  member  of  Assembly, 
from  the  County  of  Essex,  without  his  knowledge, 
among  the  Democrats,  — through  the  influence  of  the 
Penningtons,  as  I have  heard,  who  then  were  the 
leaders  in  that  county,  — and  was  elected  a member 
of  the  legislature. 

Mahlon  Dickerson  was  reelected  governor,  without 
opposition,  at  the  fall  meeting;  but  at  a joint  meeting 
held  in  February,  1817,  he  was  chosen  senator,  and 
then  resigned  the  office  of  governor.  A few  days 
afterwards,  Williamson  was  chosen  governor,  by  a 
vote  of  twenty-nine  in  his  favor,  against  twenty-two 
for  Joseph  Mcllvaine.  The  question  seems  to  have 
been  not  political,  but  between  East  and  West  Jersey. 
He  was  afterwards  reelected  every  year,  without  seri- 
ous opposition,  until  the  fall  of  1829,  when  the  Jack- 
son  party  obtained  a majority  in  the  legislature,  and 
he  was  superseded  by  the  appointment  of  Peter  D. 
Vroom.  More  than  once,  during  the  time  he  held  the 
office,  I heard  him  lament,  almost  with  tears  in  his 
eyes,  that  he  had  been  so  foolish  as  to  leave  the  profes- 
sion he  loved,  and  place  himself  in  a position  from 
which  he  was  liable  at  any  time  to  be  removed.  His 
salary  was  only  two  thousand  dollars,  provided  for  by 


176 


REMINISCENCES  OF  NEW  JERSEY. 


a new  law  every  year,  supplemented  by  some  fees, — 
a large  part  of  which,  I have  understood,  through  the 
defaults  of  the  officers  to  whom  they  were  paid,  he 
never  received. 

Prior  to  his  entering  upon  the  duties  of  chancellor 
and  judge  of  the  prerogative  court  of  the  State,  those 
courts  were  comparatively  unimportant.  Occasionally 
an  important  case  was  prosecuted  in  them,  but  the 
practice  was  in  many  respects  very  loose,  and  was 
understood  by  very  few  members  of  the  bar.  From 
1790,  until  the  act  of  1799,  drawn  by  Judge  Paterson, 
had  remedied  this  and  many  other  defects,  witnesses 
were  examined  before  the  chancellor,  as  in  trials 
before  a jury.  Chancellor  Williamson  made  himself 
thoroughly  acquainted  with  the  practice  of  the  Eng- 
lish courts  of  equity,  after  which  ours  had  been  orig- 
inally modeled,  and  in  1822  prepared  and  adopted  a 
well-digested  set  of  rules,  greatly  improving  the  busi- 
ness of  the  court.  It  was  not  until  the  supplement 
of  1820  to  the  chancery  act  authorized  a sale  of 
mortgaged  premises,  by  virtue  of  a decree  in  all  cases, 
that  it  became  the  common  practice  to  collect  a debt 
secured  by  a mortgage  by  means  of  a bill  in  chancery. 
This  change  brought  a large  increase  of  business,  so 
that  from  that  time  to  the  present,  owing  to  the  high 
character  of  most  of  the  chancellors,  and  to  the 
change  of  the  laws  in  other  mattery,  the  court  of 
chancery  has  been  deservedly  held  in  high  repute, 
and  has  been  a most  important  part  of  the  judiciary 
system  of  the  State. 

In  the  year  1820  I was  elected  a member  of  the 
House  of  Assembly,  and  then  became  well  acquainted 
with  Governor  Williamson,  boarding  with  him  at  the 
Government  House  for  several  years,  when  at  Trenton 


ISAAC  H.  WILLIAMSON*  177 

His  family  residence  continued  at  Elizabethtown.  My 
practice  as  a lawyer  in  his  court  was  not  large,  but  I 
appeared  before  him  in  several  cases  of  considerable 
importance.  His  opinions  (except  in  a few  cases)  have 
not  been  printed.  During  his  time  there  was  no  re- 
porter of  equity  decisions.  He  settled  many  disputed 
questions,  especially  in  reference  to  the  lien  of  several 
mortgages ; and  so  far  as  I am  aware,  his  rulings  have 
been  since  adhered  to. 

One  case  in  which  I was  associated  as  junior  coun- 
sel with  Richard  Stockton,  gratified  me  very  much, 
because  the  decision  in  our  favor  was  put  upon  the 
point  made  by  me,  rather  than  upon  the  ground  taken 
by  my  senior.  We  were  for  the  defendants,  in  a case 
for  the  specific  performance  of  a formal  contract  to 
convey  to  the  complainants  one  half  the  water  power 
of  Cohansey  Creek,  at  Bridgeton.  A verbal  contract 
had  been  previously  entered  into  by  the  owner  with 
our  clients  to  convey  them  the  property  j which  he 
proceeded  to  do,  after  he  had  executed  the  formal 
contract  to  convey  it  to  the  complainants.  The  chan- 
cellor held  it  to  be  the  true  construction  of  the  statute 
of  frauds  that,  although  no  action  could  be  sustained 
on  the  verbal  contract,  it  was  a complete  defense  to 
the  action  to  enforce  a subsequent  contract  in  writing. 
Tliis  was  then  a new  point.  The  same  construction 
has  been  since  adopted  by  the  English  court  of  chan- 
cery. 

I was  present  at  an  amusing  scene,  when  Mr.  Van 
Arsdale,  an  old  lawyer  of  Newark,  considered  to  be 
very  astute  and  particular,  fell  into  a trap  dexterously 
prepared  for  him  by  George  Wood,  then  rising  to  ce- 
leb vity.  He  had  filed  a bill  to  foreclose  a mortgage 

more  than  twenty  years  due  ; and  set  out  with  great 

12 


178 


REMINISCENCES  OF  NEW  JERSEY. 


particularity  several  payments  alleged  to  have  been 
made  on  it  by  the  mortgagor.  The  answer,  sworn  to, 
drawn  by  Mr.  Van  Arsdale,  positively  denied  the  al- 
leged payments,  and  denied  that  any  payments  had 
been  made.  When  he  took  the  ground  on  the  argu- 
ment that,  after  twenty  years,  payment  of  a debt  was 
to  be  presumed,  the  chancellor  remarked  with  an 
amused  smile,  “ How  can  I presume  a payment  which 
the  party  himself  positively  denies  ? ” The  dilemma 
seemed  then  for  the  first  time  to  be  perceived  by  the 
counsel,  and  the  ludicrous  manner  in  which  he  ex- 
claimed, “ Is  my  client  to  lose  his  money  by  such  a 
trick  as  that  ? ” caused  a general  laugh,  in  which  the 
court  could  not  help  participating. 

The  most  remarkable  case  in  which  it  was  my  for- 
tune to  be  employed  while  at  the  bar,  and  which  is 
worth  notice  as  evidence  of  the  great  superiority  of 
our  present  court  of  errors,  defective  as  it  is,  over  the 
old  court,  consisting  of  the  governor  and  council,  was 
Smith  vs.  Wood,  a bill  in  chancery  for  the  sale  of 
mortgaged  premises,  to  raise  a large  sum  of  money. 
It  lasted  ten  years,  not  because  it  was  a chancery 
case, — for  some  common  law  cases  have  lasted  longer, 
— but  from  other  causes.  The  facts  were  complica- 
ted, but  not  disputed,  and  the  law  applicable  to  it 
was  very  plain ; but  every  possible  ground  of  defense, 
begun  merely  for  delay,  was  urged  that  could  be 
imagined  by  such  men  as  Wall  and  Wood.  I argued 
it  nine  times : three  times  before  a master ; once  be- 
fore Chancellor  Williamson,  who  went  out  of  office 
before  he  had  time  to  make  a decree ; once  before 
Chancellor  Yroom,  whose  opinion  is  reported  in  Sax- 
ton Ch.  R 74;  three  times  before  the  court  of  errors 
and  appeals;  and  once  before  Chancellor  Philemon 
Dickerson. 


ISAAC  H.  WILLIAMSON. 


179 


After  Williamson  went  out  of  office,  he  was  em- 
ployed as  counsel  with  me.  When  the  case  was 
ready  for  argument  before  the  court  of  appeals,  it 
happened  that  he  had  been  elected  a member  of  that 
court,  as  a councilor  from  Essex,  and  of  course  could 
not  sit  on  the  hearing.  Unfortunately,  as  it  seemed, 
he  was  induced  to  take  part  in  the  argument.  The 
case  was  heard  during  the  sitting  of  the  legislature,  so 
that  it  occurred  that,  during  part  of  the  time,  Mr. 
Williamson  was  engaged  as  a legislator  in  opposing 
one  of  the  bills  of  the  Camden  and  Amboy  company, 
and  at  another  time  he  argued  the  cause.  Both  the 
parties  resided  in  Philadelphia,  and  had  no  connection 
with  the  canal  or  railroad;  but  the  result  was  that, 
after  ordering  a second  argument  of  one  of  the  ques- 
tions raised,  the  chancellor’s  decree  for  the  complain- 
ant was  reversed  by  a bare  majority,  — every  member 
of  the  court  who  voted  in  opposition  to  Mr.  William- 
son’s argument  against  the  company  voted  in  the 
same  way  upon  the  judicial  question.  Fortunately 
when  the  grounds  of  the  reversal  came  to  be  stated  in 
the  decree,  as  became  necessary,  the  case  went  back 
for  new  testimony,  and  a new  decree  in  our  favor, 
which,  upon  a new  appeal  under  more  favorable  cir- 
cumstances, was  affirmed. 

It  may  be  mentioned  that  Williamson  and  Vroom, 
who,  as  the  court  was  then  constituted,  presided  and 
voted,  even  upon  appeals  from  their  own  decisions, 
were  alike,  in  making  no  effort  to  sustain  their  opin- 
ions, except  by  a formal  statement  of  their  reasons, 
and  were  quite  frequently  overruled  by  men  who 
knew  nothing  about  law  or  equity.  The  well  estab- 
lished and  still  continued  practice  in  the  House  of 
Lords  is,  that  only  those  lords  who  have  been  edu- 


180 


REMINISCENCES  OF  NEW  JERSEY. 


cated  lawyers  vote  in  judicial  cases,  so  that,  during 
the  time  of  Lord  Chancellor  Hardwicke,  it  was  said  an 
appeal  from  his  decision  amounted  only  to  an  appeal 
from  Hardwicke  as  a chancellor  to  Hardwicke  as  a 
member  of  the  House  of  Lords ; but  all  voted  in  the 
old  court  of  errors.  Until  1799,  no  appeal  from  the 
decrees  of  the  chancellor  could  be  taken ; but  when 
in  that  year  the  act  respecting  the  court  of  chancery, 
drawn  by  Paterson,  was  before  the  legislature,  a clause 
was  added,  allowing  an  appeal,  and  although  it  was 
strongly  insisted  that  such  an  appeal  was  not  war- 
ranted by  the  Constitution  of  1776,  it  was  sustained 
by  the  court,  and  is  still  in  force. 

The  popular  vote  of  New  Jersey  in  1824,  much  to 
the  surprise  of  many,  was  in  favor  of  Jackson  for 
president,  but  the  legislature  does  not  seem  to  have 
had  a majority  of  this  party,  and  Williamson  was  re- 
elected without  opposition.  In  1828,  at  which  elec- 
tion Jackson  and  Adams  became  the  opposing  candi- 
dates, the  latter  received  a majority  of  the  popular 
vote,  and  the  legislature  was  of  the  same  complexion. 
Indeed  it  can  hardly  be  said  that  the  lines  of  demarka- 
tion  between  the  supporters  of  the  two  parties,  were 
as  yet  distinctly  marked.  Williamson  was  still  elected 
governor  unanimously.  But  after  the  inauguration 
of  Jackson  in  1829,  a violent  contest  ensued,  and  the 
result  was,  that  in  the  fall  of  that  year  his  friends  ob- 
tained a decided  majority  in  both  branches  of  the  leg- 
islature. In  the  joint  meeting  held  for  the  election  of 
governor,  thirty-nine  votes  were  cast  for  Garret  D. 
Wall,  two  for  William  Chetwood  of  the  Jackson  party, 
and  only  fifteen  for  Williamson.  Mr.  Wall  declined 
accepting  the  appointment,  and  then  Peter  D.  Vroom 
was  chosen,  as  I have  heard  him  say,  very  unexpect- 


ISAAC  H.  WILLIAMSON. 


181 


edly  and  against  his  wishes.  He  had  been  formerly 
ranked  as  a Hamilton  Federalist,  as  were  also  many 
others  who  now  became  supporters  of  Jackson.  Vroom 
wTas  elected  in  1830  and  1831,  but  in  1832,  although 
Jackson  carried  the  popular  vote,  the  legislature  had 
a majority  of  “ National  Republicans,”  as  the  party 
opposed  to  him  now  called  themselves.  Mr.  Southard 
was  chosen  governor,  but  being  elected  to  the  Senate 
of  the  United  States  in  the  ensuing  February,  Elias  P. 
Seeley  was  elected  governor,  being  superseded,  how- 
ever, in  the  fall  of  that  year  by  Vroom,  who  continued 
in  office  until  the  fall  of  1836,  when  he  declined  fur- 
ther service,  and  wras  followed  by  Philemon  Dickerson, 
who  in  1836  was  superseded  by  William  Pennington. 

Failing  to  be  reelected  governor  in  1829,  Mr.  Wil- 
liamson returned  to  the  bar,  and  was  soon  in  full  prac 
tice.  He  was  associated  with  George  Wood  in  the 
arguments  before  Judges  Ewing  and  Drake,  sitting 
for  the  chancellor,  in  the  great  cause  between  the  two 
branches  of  the  Society  of  Friends.  When  his  polit- 
ical friends  had  a majority  of  the  legislature  in  1832, 
and  it  became  necessary  to  choose  a new  chief  justice 
of  the  supreme  court,  in  consequence  of  the  death  of 
Ewing,  he  could  undoubtedly  have  received  the  ap- 
pointment, had  he  consented  to  be  a candidate.  I 
had  myself  a conversation  with  him  for  the  purpose 
of  endeavoring  to  induce  him  to  do  so,  but  he  per- 
emptorily declined,  saying,  that  he  had  for  so  many 
years  directed  his  attention  exclusively  to  the  rules  of 
equity,  that  he  could  not  meet  the  expectations  of  his 
friends,  in  a situation  so  entirely  different,  without  a 
severity  of  application  which  at  his  time  of  life  (being 
now  aged  about  sixty-five),  he  did  not  dare  to  under- 
take, and  that  he  much  preferred  for  the  remainder  of 
his  life  continuing  at  the  bar. 


182 


REMINISCENCES  OF  NEW  JERSEY. 


In  the  years  1831  and  1832  he  was  elected  a mem- 
ber of  the  council  for  Essex  County.  In  1844  he 
was  chosen  a member  of  the  convention  which  framed 
a new  constitution  for  this  State,  and  was  unanimously 
elected  the  president  of  that  body.  No  other  person 
was  nominated.  For  some  time  he  presided  with 
great  acceptance,  but  his  health  failed  him,  and  he 
was  obliged  to  leave,  and  finally  to  resign  the  presi- 
dency before  the  proceedings  were  closed.  Before 
the  close  of  the  year  he  died  at  the  age  of  seventy- 
seven  years.  Benjamin  Williamson,  chancellor  from 
1852  to  1859,  is  a son. 

The  three  portraits  that  adorn  the  room  of  the 
supreme  court  at  Trenton,  are  those  of  Richard 
Stockton,  Isaac  H.  Williamson,  and  George  Wood  ; and 
no  three  men  who  have  flourished  at  the  bar  in  the 
United  States,  were  better  entitled  to  such  a distinc- 
tion. 

The  honorary  degree  of  LL.  D.  was  conferred  on 
him  by  the  trustees  of  Princeton,  not  otherwise  im- 
portant than  as  a mark  of  respect  from  an  intelligent 
body  of  men,  over  whom  he  had  presided  twelve  years. 

This  reminiscence  of  Governor  Williamson,  who  died 
more  than  twenty-five  years  ago,  reminds  me  of  the 
many  pleasant  (as  well  as  tedious)  hours  lawyers 
spent  in  Trenton,  during  the  earlier  years  of  my  prac- 
tice. I frequently,  as  many  others  did,  travelled  in 
my  own  conveyance,  spending  parts  of  two  days  on 
the  road  each  way,  and  seldom  going  home  until  the 
business  of  the  term  was  through.  There  being  no 
branch  court,  calls  for  common  business  were  made 
during  the  first  hour  of  Tuesday  and  Wednesday,  and 
after  opinions  were  delivered  on  Thursday,  continu- 
ously until  the  list  was  finished.  If  contested  ques- 


ISAAC  H.  WILLIAMSON. 


183 


tions  arose,  as  they  often  did,  a junior  counsel  could 
not  move  even  unlitigated  cases,  until  the  second 
week ; and  if,  relying  on  this,  he  was  not  on  hand  at 
the  beginning,  he  was  liable  to  lose  his  opportunity 
altogether.  This  undoubtedly  produced  greater  soci- 
ability and  a stronger  esprit  du  corps  among  the  bar 
than  exists  now.  We  could  not  go  home  every  af- 
ternoon and  return  in  the  morning,  as  many  do  now, 
nor  did  we  think  of  going  each  man  to  his  separate 
room,  but  commonly  passed  our  evenings  together  in 
social  converse,  clubbing  the  drink  that  was  some- 
times too  freely  used  at  the  table,  or  on  other  occa- 
sions. It  was  said  that  some  sat  up  late  at  cards, 
gambling  pretty  badly ; but  for  myself  I can  say  that 
during  more  than  fifty  years,  I have  never  seen  a 
pack  of  cards  in  a tavern  at  Trenton. 

Well  do  I remember  how  delighted  we  were  to  get 
Governor  Williamson  with  us,  commonly  at  the  Kising 
Sun  Tavern,  where  the  American  Hotel  stands,  and 
how  genial  and  pleasant  he  was.  We  were  indeed 
sometimes  like  school-boys  on  a holiday,  and  killed 
time  by  all  the  means  our  imaginations  could  suggest. 
Leaders  in  this,  were  Nathaniel  Saxton,  the  chancery 
reporter,  generally  called  Natty ; and  Smith  Scud- 
der  of  Elizabethtown,  whose  sobriquet  was  “Doctor.” 
Songs  were  sung,  old  stories  revived,  and  flashes  of  wit 
sparkled ; each  one  deeming  it  a duty  to  contribute 
as  well  as  he  could  to  the  general  amusement.  We 
did  not  indulge  in  “ high  jinks,”  like  Counselor  Pley- 
dell  in  Scott’s  amusing  pages ; but  we  were  often  very 
merry  without  dissipation,  and  no  one  seemed  to  en- 
joy such  occasional  relaxations  more  than  “ his  excel- 
lency ” the  chancellor,  usually  very  grave  and  sedate. 


184 


REMINISCENCES  OF  NEW  JERSEY. 


Peter  D.  Yroom  was  governor  and  chancellor  six 
years,  and  is  now  the  oldest  counselor  at  the  bar  of 
the  supreme  court.  He  was  born  in  the  township 
of  Hillsborough,  County  of  Somerset,  December  12, 
1791,  and  was  the  youngest  son  of  Colonel  Peter  D. 
Yroom,  an  old  and  much  respected  citizen  of  Somer- 
set. Mr.  Stockton  used  to  call  him  Mr.  Frome,  in 
accordance  with  the  Dutch  pronunciation  of  his  name. 

Colonel  Yroom,  as  I learn  from  an  account  of 
him,  written  by  Rev.  Dr.  Messier,  was  born  in  1745. 
Early  in  life  he  lived  in  New  York,  whence  he  came 
to  reside  on  the  Raritan,  near  the  junction  of  the 
north  and  south  branches,  living  there  until  his  death 
in  1831.  He  married  Elsie  Bogert,  like  himself  of 
Dutch  descent.  He  was  one  of  the  first  to  raise  a 
military  company,  at  the  commencement  of  the  Rev- 
olutionary War,  in  which  he  served  as  lieutenant  and 
captain,  and  was  appointed  major  in  1777,  and  after- 
wards lieutenant-colonel.  He  led  a company  at  the 
battle  of  Germantown,  and  was  in  service  during  the 
war.  He  occupied  during  his  life  almost  every  office 
of  trust  in  the  county : sheriff,  clerk  of  the  pleas, 
and  justice  of  the  peace ; and  was  a member  for 
many  years  either  of  the  Assembly  or  council.  He 
was  also  an  elder  in  the  Dutch  Reformed  Church,  to 
which  he  belonged,  and  in  all  the  relations  he  thus 
sustained  was  highly  esteemed,  living  until  the  son 
who  bore  his  name  had  become  governor;  hence  the 
latter  was  long  designated  and  known  as  Peter  D. 
Yroom,  junior. 

Governor  Yroom  prepared  for  college  at  the  Somer- 
ville Academy,  and  in  1806  entered  the  junior  class 
of  Columbia  College  in  New  York,  graduating  in  ] 808. 


PETER  D.  VROOM. 


185 


He  then  became  a student  with  George  McDonald  of 
Somerville,  and  was  licensed  as  an  attorney  in  May, 
1813,  two  years  my  senior.  He  became  a counselor 
in  1816,  and  was  called  to  be  a sergeant  in  1828. 

He  first  opened  an  office  as  a lawyer  at  Schooley’s 
Mountain,  in  Morris  County,  where  he  remained  about 
eighteen  months,  from  whence  he  went  to  Hackets- 
town,  then  in  Sussex  County,  where  he  remained 
about  two  years,  removing  from  that  place  to  Flem- 
mington,  and  enjoying  during  all  this  time,  notwith- 
standing these  repeated  removals,  quite  as  good  a 
practice  as  is  usually  obtained  by  young  lawyers. 
While  residing  here  he  married  Miss  Dumont,  a 
daughter  of  Colonel  Dumont  of  his  native  county, 
whose  sister  was  the  wife  of  Frederick  Frelinghuysen. 
He  -was  prosecutor  of  the  pleas,  by  appointment  of 
Attorney-general  Frelinghuysen.  My  first  knowl- 
edge of  him  grew  out  of  a compliment  paid  to  him 
by  Chief  Justice  Kirkpatrick,  so  unusual  from  that 
quarter  as  to  excite  much  remark.  In  the  opinion 
pronounced  in  the  case  of  Kline  vs.  Ramsay,  1 South. 
141,  he  took  occasion  to  refer  to  Mr.  Vroom,  as  the 
counsel  for  the  defendant,  “ whose  discernment  and 
accuracy  is  inferior  to  none  of  his  standing  at  the  bar.” 
In  1820  he  returned  to  his  native  county,  and  resided 
in  Somerville  more  than  twenty  years.  Successful  as 
he  has  been  and  always  honored,  I have  heard  him 
speak  of  his  frequent  changes  as  a mistake. 

Up  to  1824  he  had  taken  but  little  part  in  political 
affairs,  having  been  indeed,  as  a Federalist,  attached  to 
the  party  hopelessly  in  the  minority.  In  this  year 
he  espoused  with  considerable  earnestness  the  support 
of  General  Jackson,  in  common  with  his  father  and 
many  of  the  leading  Federalists  of  the  State,  who  ob- 


186 


REMINISCENCES  OF  NEW  JERSEY. 


jected  to  Adams  for  having  deserted  their  party  and 
joined  that  of  Mr.  Jefferson.  They  were  also  strongly 
attracted  to  his  support,  by  the  fact,  first  brought  out 
by  his  democratic  opposers  to  injure  his  popularity 
with  that  party,  that  in  1816  he  had  addressed  a let- 
ter to  President  Monroe,  in  which  he  wrote,  “ Every- 
thing depends  on  the  selection  of  your  ministry.  In 
every  selection,  party  and  party  feelings  should  be 
avoided.  Now  is  the  time  to  exterminate  that  mon- 
ster called  party  spirit.  By  selecting  characters  most 
conspicuous  for  their  probity,  virtue,  capacity,  and 
firmness,  without  any  regard  to  party,  you  will  go  far 
to,  if  not  entirely,  eradicate  those  feelings  which  on 
former  occasions  threw  so  many  obstacles  in  the  way 
of  government,  and  perhaps  have  the  pleasure  and 
honor  of  uniting  a people  heretofore  politically  di- 
vided. The  chief  magistrate  of  a great  and  powerful 
nation  should  never  indulge  in  party  feelings.  His 
conduct  should  be  liberal  and  disinterested,  always 
bearing  in  mind  that  he  acts  for  the  whole,  and  not  a 
part  of  the  community .” 

He  represented  Somerset  County  in  the  house  of 
Assembly  in  1826,  1827,  and  1829.  The  majority  of 
Jackson  men  in  the  legislature  of  1829  was  very  large, 
and  it  was  therefore  to  be  expected  that  they  would 
choose  a governor  from  their  own  party.  General 
Wall,  who  was  first  selected,  having  resisted  the  im- 
portunities of  his  friends  and  persistently  refused  to 
accept  the  office,  Mr.  Yroom  was  induced  very  reluct- 
antly to  take  the  place.  The  governor  being  at  this 
time  chancellor  and  ordinary,  the  field  for  selection 
was  small.  I believe  the  only  other  person  named 
for  the  situation  on  this  occasion,  was  William  N. 
Jeffers,  who  had  very  slender  claims  to  such  a trust. 


PETER  D.  VROOM. 


187 


Mr.  Vroom  was  acknowledged,  even  by  those  opposed 
to  him  politically,  to  be  a worthy  successor  to  Isaac 
H.  Williamson; — I cannot  say  equal  to  him  as  a law- 
yer, but  fairly  entitled  to  be  ranked  next  to  him  in 
ability,  and  unexceptionable  in  character.  He  was 
reelected  in  1830  and  1831,  but  the  next  year  the 
friends  of  Mr.  Southard  carried  the  State,  and  he  was 
displaced;  but  was  again  elected  in  1833,  1834,  and 
1835.  In  1836  his  health  having  become  impaired, 
he  declined  to  accept  the  office  again. 

The  cases  in  the  court  of  chancery  decided  by 
Governor  Vroom  were  the  first  that  were  reported. 
They  are  found  in  Saxton’s  Reports  and  in  2 Green’s 
Chancery  Reports.  The  opinions  of  Chancellor  Wil- 
liamson, but  few  of  which  have  been  printed,  first 
gave  character  to  the  court,  and,  especially  in  ques- 
tions relating  to  mortgages,  have  been  implicitly  fol- 
lowed. Those  of  Governor  Vroom,  following  in  his 
steps,  have  been  still  more  valuable,  because  more 
known.  Upon  the  questions  decided  by  him,  they 
remain  for  the  most  part  undisputed  precedents. 

Upon  retiring  from  office  he  resumed  his  practice 
in  Somerville.  Early  in  1837,  President  Van  Buren 
appointed  him  one  of  the  three  commissioners  selected 
to  adjust  claims  to  reserves  of  land,  under  the  treaty 
made  with  the  Choctaw  Indians ; this  appointment  he 
accepted,  and  was  absent  in  Mississippi  several  months. 

In  1838  he  was  elected  a member  of  Congress  by  a 
fair  majority  of  votes,  although,  in  consequence  of  ir- 
regularities in  some  of  the  returns,  he  failed  to  receive 
the  governor’s  commission.  This  election  was  the  oc- 
casion of  a protracted  warfare  between  the  two  par- 
ties, known  as  the  “ broad  seal  war.”  That  he  was 
fairly  elected  by  a clear  majority  of  votes,  was  clearly 


188 


REMINISCENCES  OF  NEW  JERSEY. 


shown  after  a protracted  and  vexatious  examination 
of  witnesses,  and  in  the  end  was  not  disputed.  But 
the  great  controversy  was,  whether  his  vote  and  the 
votes  of  his  colleagues  should  be  received  in  the  elec- 
tion of  a speaker,  parties  being  so  nearly  divided  that 
it  depended  upon  this  decision  which  should  prevail 
in  organizing  the  house.  It  appearing,  by  undisputed 
documents  produced  to  Congress,  that  the  governor’s 
commission  had  been  awarded  to  persons  who  in  point 
of  fact  did  not  receive  a plurality  of  the  votes  cast,  it 
was  decided,  and  I think  very  properly,  that  those  thus 
shown  to  be  elected  should  be  placed  on  the  roll  and 
be  entitled  to  vote.  The  testimony  of  the  “ broad 
seal  ” of  the  State,  was  at  best  only  prima  facie  evi- 
dence ; and  being  shown  to  have  been  affixed  upon 
evidence  that  was  imperfect,  was  rightly  set  aside,  as 
soon  as  it  was  proved  by  authentic  returns  to  be  er- 
roneous. The  decision  of  the  governor  and  his  coun- 
cil as  the  law  then  stood  was,  I think,  right;  but  that 
Congress  had  a right  to  look  behind  his  commission 
was  equally  clear;  and  that  they  were  entirely  justi- 
fiable in  doing  this,  under  the  circumstances,  before 
they  allowed  the  house  to  be  organized,  is  I think 
equally  plain. 

Soon  after  his  service  in  Congress  he  removed  to 
Trenton,  where  he  has  since  had  his  residence.  Hav- 
ing lost  his  first  wife,  he  about  this  time  married  a 
daughter  of  General  Wall.  In  1844  he  was  elected 
a delegate  to  the  constitutional  convention  from  his 
native  county,  although  not  a resident  there.  He  was 
chairman  of  the  committee  on  the  legislative  depart- 
ment, and  took  an  active  part  in  all  the  discussions 
and  proceedings  of  the  convention.  His  strong  con- 
servative propensities  induced  him  to  resist  and  to  aid 


PETER  D.  VROOM. 


189 


in  defeating  some  changes  in  the  constitution,  espe- 
cially in  regard  to  the  judiciary,  which  I have  always 
thought  would  have  been  beneficial. 

In  1846  he  acted  with  Henry  W.  Green,  Stacy 
G.  Potts,  and  William  L.  Dayton  in  a thorough  revis- 
ion of  the  statutes  of  the  State,  to  adapt  these  to  the 
new  constitution,  and  to  consolidate  the  numerous 
supplements.  This  work  was  well  performed,  and  pro- 
duced an  excellent  body  of  laws,  without  disturbing 
the  foundations  so  well  laid  by  Governor  Paterson. 
Upon  the  expiration  of  the  term  for  which  Chief  Jus- 
tice Green  had  been  appointed,  Governor  Fort  nom- 
inated Mr.  Vroom  as  his  successor,  and  the  appoint- 
ment was  forthwith  confirmed  by  the  senate.  He 
peremptorily  declined  accepting  the  office.  Indeed  it 
was  always  understood  that  this  result  was  anticipated, 
and  that  the  governor  and  some  others  of  the  demo- 
cratic party  were  quite  willing  to  have  a fair  excuse 
for  reappointing  the  chief  justice,  who  had  given  great 
satisfaction  as  the  head  of  the  supreme  court,  and  the 
result  was,  that,  after  the  nomination  of  Alexander 
Wurtz,  who  also  declined,  Green  was  reinstated. 

Several  of  the  leading  federal  gentlemen  of  New 
Jersey  who  supported  General  Jackson,  fell  back  into 
the  ranks  of  the  opposition  when  his  party  became 
identified  with  the  Democrats,  while  some  of  the  lat- 
ter party  who  had  preferred  Mr.  Adams,  declined  to 
act  with  the  Whigs  under  the  lead  of  Mr.  Clay.  Mr. 
Vroom  has  been  a steadfast  adherent  of  the  demo- 
cratic party.  In  1862  he  was  a presidential  elector 
and  cast  his  vote  for  Mr.  Pierce. 

In  1853  Mr.  Vroom  was  offered  the  mission  to  Prus- 
sia, and  accepting  the  appointment  he  went  to  Berlin 
in  the  fall  of  that  year  and  remained  until  1857,  when 


190 


REMINISCENCES  OF  NEW  JERSEY. 


he  was  recalled  at  his  own  request,  and  resumed  his 
profession  as  an  advocate,  which  he  has  ever  since 
continued,  confining  his  business  mainly  to  arguments 
in  the  higher  courts.  His  services  as  minister  were 
of  no  special  importance ; but  although  ignorant  of 
the  German  language,  he  gave  full  satisfaction  to  the 
government  he  represented,  and  to  that  of  Prussia. 
The  principal  subject  to  which  his  attention  was  di- 
rected, and  which  formed  the  burden  of  his  correspond- 
ence, was  the  claim  of  the  subjects  of  Prussia  who  had 
emigrated  to  America  and  become  citizens  of  the 
United  States,  and  who  were  led  by  business  or  pleas- 
ure to  return  to  their  native  country,  to  be  protected 
against  the  claim  of  the  Prussian  government  to  re- 
quire them  to  perform  the  military  duty  imposed  by 
the  laws  of  Prussia.  The  American  government  had 
adopted  the  sound  principle  of  international  law,  that 
naturalized  citizens  while  resident  in  America,  or  else- 
where outside  of  the  country  from  whence  they  emi- 
grated, would  be  protected  the  same  as  natural  born 
citizens;  yet  if  they  chose  voluntarily  to  return  to 
their  original  domicil,  they  thereby  placed  themselves 
in  the  power  of  the  laws  they  had  broken,  and  could 
not  be  protected  against  the  consequences  of  their 
own  unlawful  acts,  committed  before  they  had  any 
claim  upon  the  government  of  the  United  States,  and 
whilst  yet  Prussian  subjects.  But  it  was  very  difficult 
to  make  those  who  thus  became  subjected  to  a very 
severe  military  service,  or  to  serious  punishments, 
understand  this  principle,  and  in  several  cases  Mr. 
Yroom  was  subjected  to  reiterated  complaints,  and  at- 
tempts were  made  to  stir  up  popular  censure  at  home. 
But  he  maintained  the  positions  required  by  his  in- 
structions with  equal  firmness  and  good  temper,  ap- 


PETER  D.  YROOM. 


191 


pealing  in  every  proper  case,  and  often  with  success, 
to  the  forbearance  and  clemency  of  the  Prussian  gov- 
ernment. 

He  was  one  of  the  candidates  on  the  electoral  ticket 
adopted  in  1860  by  the  friends  of  Breckinridge  and 
Lane;  but  in  the  confusion  produced  by  the  South- 
ern Democrats,  in  furtherance  of  their  disunion  pur- 
poses, he  was  defeated,  — a result  he  probably  did 
not  regret;  because  while  resolutely  opposed  to  the 
measures  of  the  northern  abolitionists,  so  certain  to 
end  in  producing  a civil  war,  he  was  equally  opposed 
to  the  secession  doctrines  of  the  slaveholders. 

The  alarming  aspect  of  affairs  produced  by  the  suc- 
cess of  Lincoln,  by  means  of  the  fusion  of  a large  pro- 
portion of  the  Whigs  who  had  resisted  the  nomination 
of  Fremont,  with  the  Republicans,  occasioned  a call, 
originating  with  the  legislature  of  Virginia,  for  the 
appointment  of  commissioners  by  all  the  States,  to 
agree,  if  practicable,  upon  some  suitable  adjustment  of 
the  unhappy  controversies,  which  threatened  to  dis- 
solve the  Union.  Nine  gentlemen  of  the  highest  char- 
acter were  appointed  to  represent  New  Jersey,  among 
whom  was  Mr.  Vroom.  This  conference,  in  which 
twenty  States  were  represented,  met  at  Washington, 
February  4,  1861,  and  continued  in  session  until  the 
23d  of  that  month,  after  having  proposed  certain 
amendments  of  the  constitution,  by  such  divided  votes 
as  gave  no  promise  of  restoring  peace.  Mr.  Vroom, 
(and  not  Randolph,  as  is  erroneously  stated  by  Chit- 
tenden in  his  report  of  the  proceedings)  was  a member 
of  the  committee,  composed  of  one  from  each  State,  to 
whom  was  referred  the  resolutions  of  the  State  of  New 
Jersey,  and  the  other  States  represented,  and  all  prop- 
ositions for  the  adjustment  of  existing  difficulties  be- 


192 


REMINISCENCES  OF  NEW  JERSEY. 


tween  States,  with  authority  to  report  what  they 
might  deem  right,  necessary,  and  proper  to  restore 
harmony  and  preserve  the  Union. 

I learn  by  a communication  from  William  0.  Alex- 
ander, one  of  the  commissioners,  that  the  committee 
held  numerous  and  protracted  sessions,  and  it  was  not 
until  the  15th  of  February  that  Mr.  Guthrie,  on  behalf 
of  a majority  of  the  committee,  submitted  a report. 
u The  meetings  of  this  committee  were  numerous  and 
protracted,  and  the  labors  of  the  members  arduous  and 
exhausting;  and  Governor  Vroom  was  a punctual, 
faithful,  and  patient  member  of  the  committee.  The 
New  Jersey  delegates  were  in  the  habit  of  assembling 
after  each  meeting,  and  receiving  from  him  a full  ac- 
count of  the  proceedings  and  of  the  discussions  which 
had  taken  place.  These  statements  were  made  with 
that  clearness  and  precision  so  characteristic  of  Gov- 
ernor Vroom,  and  I am  bound  to  add  that  in  all  our 
conferences  and  consultations  we  found  him  ever,  and 
eminently,  calm,  sagacious,  and  patriotic.  Our  inter- 
course with  him  during  the  protracted  session  of  the 
conference  was  exceedingly  pleasant.  He  was  uni- 
formly kind,  gentle,  and  acceptable,  and  his  colleagues 
naturally  and  justly  regarded  him  as  the  Nestor  of  the 
delegation,  both  as  regards  age  and  wisdom.” 

I well  recollect  meeting  Governor  Olden  at  Tren- 
ton,  while  this  commission  was  in  session,  and  asking 
him  with  much  anxiety  what  he  considered  the  pros- 
pect ; that  he  answered  me  by  expressing  a confident 
expectation  that  their  labors  would  result  in  restoring 
peace ; and  that  I replied,  “ Governor  Olden,  I am 
sorry  to  be  obliged  to  say  I have  no  such  hope;  your 
party  (and  by  this  expression  I mean  nothing  offen- 
sive, for  I believe  if  the  Democrats  were  placed  in  the 


PETER  D.  VROOM. 


193 


same  situation  they  would  act  in  the  same  way)  are 
too  intent  to  gather  the  spoils  of  their  victory  to  care 
for  peace.”  That  Governor  Olden  (who  was  one  of 
our  commissioners)  had  and  would  faithfully  labor  to 
procure  peace  I had  no  doubt;  as  faithfully  as  he 
labored  in  fulfillment  of  his  duties  as  governar  of  the 
State,  to  aid  in  prosecuting  the  war,  when  it  could  no 
longer  be  avoided. 

The  causes  which  occasioned  the  failure  of  all  prop- 
ositions for  peace  can  be  perhaps  best  stated  in  Gov- 
ernor Vroom’s  own  language,  as  expressed  in  an  ad- 
dress to  the  voters  of  New  Jersey,  drawn  up  by  him  in 
1862:  “ Radical  politicians  everywhere  opposed  the 
adjustment.  The  union  men  in  the  border  States 
were  earnest  in  their  entreaties.  They  foresaw  and 
foretold  with  almost  prophetic  distinctness  what  would 
be  the  results  of  a failure.  The  Crittenden  resolu- 
tions, the  propositions  of  the  peace  convention, — 
either,  if  agreed  to  by  Congress,  might  have  saved  the 
country.  But  secessionists  in  the  South  opposed  them. 
The  radicals  of  the  North  and  East  opposed  them. 
The  great  republican  party,  everywhere,  with  some 
honorable  exceptions,  were  unwilling  to  abandon  their 
platform.  They  insisted  it  should  be  carried  out  to 
the  letter,  no  matter  what  might  be  the  consequences. 
Some  assured  the  people  that  there  was  no  danger ; 
that  everything  would  be  quieted  in  thirty  days,  or  a 
few  weeks ; others  did  not  hesitate  to  say  that  blood- 
letting would  be  of  service  to  the  nation.” 

This  address  of  1862  discloses  fully  the  grounds 
upon  which  Mr.  Vroom,  and  those  agreeing  with  him, 
thought  it  their  duty  to  oppose  the  measures  of  the 
Lincoln  administration.  He  emphatically  disclaimed 
any  concurrence  in  the  doctrine  of  secession,  declaring 

13 


194 


REMINISCENCES  OF  NEW  JERSEY. 


it  to  be  a political  heresy  which  finds  no  place  in  the 
constitution  and  subversive  of  the  principles  of  our 
government.  But  he  insisted  that  the  only  legitimate 
object  of  the  war  was,  as  Congress  had  resolved,  to 
suppress  rebellion,  establish  the  authority  of  the  con- 
stitution, and  restore  the  Union  ; and  that  this  being 
accomplished  it  should  cease.  It  was  fast  assuming 
the  character  of  a war  for  the  abolition  of  slavery. 
And  what  was  far  more  important  even  than  this,  the 
constitution  was  disregarded  and  treated  as  if  no  lon- 
ger binding.  The  President  had  gone  further  than 
any  sovereign  of  Great  Britain  had  ventured  to  go, 
since  the  Revolution  of  1688,  in  claiming  the  power 
to  nullify  the  laws,  and  by  his  own  authority  to  sus- 
pend the  privilege  of  the  great  writ  of  habeas  corpus. 
This  writ  had  never  before  been  suspended  even  by 
the  Congress ; but  now,  under  the  sanction  of  the 
highest  law  officer  of  the  government,  it  had  been  sus- 
pended by  a mere  executive  fiat. 

Looking  back  now,  after  the  fierce  excitements  of 
the  season  of  peril  through  which  we  passed  during 
four  years  of  a terrible  civil  war  have  nearly  or  quite 
subsided,  we  cannot  fail  to  see  the  extent  to  which 
the  minds  of  men  on  both  sides  of  the  conflict  were 
thrown  off  their  right  balance.  The  right  of  a State 
to  secede  from  the  Union,  was  firmly  believed  in  by 
very  intelligent  and  worthy  citizens  of  the  Southern 
States ; while  at  the  North,  the  seeming  necessity  of 
the  case,  induced  able  lawyers  and  citizens  to  regard 
the  Constitution  of  the  Union  as  virtually  superseded. 
Martial  law  was  formally  proclaimed  even  in  New 
Jersey,  and  officers  called  provost-marshals  invested 
with  the  arbitrary  power  of  arresting  and  imprisoning 
peaceable  citizens  who  were  bold  enough  openly  to 


PETER  D.  VROOM. 


195 


express  their  honest  opinions.  That  stern  necessity 
may  have  justified  the  arrest  of  those  members  of  the 
legislature  of  Maryland,  who  were  prepared  to  take 
measures  for  hastily  declaring  that  State  and  the  Dis- 
trict of  Columbia  out  of  the  Union,  and  thereby  en- 
abling the  adherents  of  the  Southern  Confederacy  to 
seize  the  public  offices  at  Washington,  and  deprive  the 
President  of  the  power  to  fulfill  his  duties,  has  always 
been  conceded  by  many  of  the  prominent  Democrats 
of  New  Jersey,  and  has  never  been  doubted  by  me. 
But  arbitrarily  to  suspend  the  most  important  func- 
tions of  the  judiciary  in  all  the  States,  and  to  claim 
the  right  to  do  this  as  a necessary  war  power  of  the 
commander-in-chief  of  the  military  forces,  was  a 
stretch  of  power  not  to  be  excused.  Happily  the 
popular  disapprobation  of  these  tyrannical  measures 
was  so  plainly  expressed  by  the  result  of  the  elections 
in  many  of  the  States  in  1862,  that  they  were  not 
long  persisted  in,  and  President  Lincoln  in  one  of  his 
published  letters  expressed  his  willingness  to  follow 
the  indications  of  the  public  sentiment.  The  supreme 
court  has  also  held  the  seizure  and  trial  of  citizens  not 
connected  wfith  nor  within  the  lines  of  the  army  by  a 
military  commission  to  be  in  conflict  with  the  consti- 
tution, and  altogether  illegal  and  void.  Nothing  in- 
deed seems  to  be  more  important  to  the  safe  action  of 
our  republican  government,  than  the  continued  exist- 
ence of  an  opposition  party,  under  the  lead  of  men 
firm  enough  to  resist  the  first  beginning  of  oppression, 
and  wise  enough  to  confine  that  opposition  to  peace- 
able and  reasonable  measures. 

The  measures  adopted  for  raising  an  army  by  means 
of  a compulsory  draft,  were  believed  by  many  of  our 
best  and  most  intelligent  citizens  to  be  in  conflict 


196 


REMINISCENCES  OF  NEW  JERSEY. 


with  the  constitution.  Similar  measures,  when  pro- 
posed by  the  democratic  administration  for  carrying 
on  the  war  against  Great  Britain  in  1814,  had  been 
declared  unconstitutional  by  a very  large  majority  of 
the  legislature  of  Connecticut,  and  were  so  fiercely 
assailed  by  the  whole  federal  party  of  that  day  as  to 
be  abandoned.  So  strong  an  opposition  to  the  en- 
forcement of  the  draft  was  manifested  in  Somerset 
County,  that  there  seemed  to  be  great  danger  of  forci- 
ble resistance.  Under  these  circumstances  Mr.  Yroom 
was  induced  to  address  a large  assembly  of  the  people 
of  that  county  in  July,  1863.  His  speech  on  that  oc- 
casion has  been  always  regarded  by  those  who  heard 
it,  as  distinguished  for  eloquence  and  force ; and  his 
success  in  calming  the  passions  of  an  excited  people, 
and  in  inducing  them  to  submit  quietly  to  the  en- 
forcement of  a most  obnoxious  law,  until  it  should  be 
declared  unconstitutional  by  the  proper  judicial  tribu- 
nal, proved  his  power  as  a public  speaker,  and  the  re- 
gard still  entertained  for  him  by  those  from  whom  he 
had  been  so  long  separated. 

This  speech  was  but  imperfectly  reported,  but  it 
attracted  very  deserved  attention,  and  its  influence 
was  not  confined  to  the  county  in  which  it  was  deliv- 
ered. After  referring  to  the  right  of  free  discussion, 
and  to  the  war  as  a calamity  he  believed  might  have 
been  prevented,  and  to  what  he  deemed  the  improper 
mode  in  which  it  was  conducted,  he  asked  “ What 
then  are  we  to  do,  in  the  situation  in  which  we  find 
ourselves  placed  ? Let  us  resolve  that  this  country,  in 
its  whole  length  and  breadth,  is  our  country,  and  that 
we  will  serve  it  if  we  can.  At  a time  like  this  every 
man’s  heart  must  go  forth,  earnestly  and  devoutly,  for 
the  adoption  and  success  of  such  measures  as  will  tend 


PETER  D.  VROOM. 


197 


to  restore  our  Union,  and  give  us  the  blessings  of  the 
free  government  left  us  by  our  fathers.  In  this  we 
are  all  interested.  We  have  all  a stake  in  the  hedge 
which  it  is  our  duty  to  guard  against  any  infraction. 
We  must  abide  by  the  constitution;  it  provides  for 
declaring  war  and  supporting  armies,  and  for  calling 
out  the  militia,  and  no  powers  not  given  by  it  can  be 
rightfully  exercised  by  rulers  or  people.  The  doc- 
trine of  necessity,  the  favorite  doctrine  of  the  hour, 
has  no  place  in  it,  and  is  not  to  be  tolerated. 

“ We  must  abide  by  the  laws,  when  duly  made  ; 
this  has  always  been  a principle  of  the  democratic 
creed,  and  I address  myself  to  a law-loving  people. 
We  are  not  called  upon  to  play  the  hypocrite  and 
sing  the  praises  of  impolitic  or  bad  laws,  but  we  are  to 
abide  by  them  while  they  are  laws.  We  may  believe 
them  to  be  unjust  and  unconstitutional;  but  in  regard 
to  their  constitutionality  we  are  not  the  judges.  We 
are  the  people  upon  whom  they  are  to  operate,  and 
who  are  to  obey  them.  A judiciary  has  been  pro- 
vided to  determine  their  constitutionality  ; and  that 
is  our  protection  — it  is  the  constitutional  shield 
thrown  around  our  rights.” 

Mr.  Vroom  labored  earnestly  in  support  of  General 
McClellan  for  the  presidency  at  the  election  of  1864, 
and  contributed  greatly  to  his  success  in  New  Jersey. 
McClellan  perhaps  more  nearly  represented  the  great 
majority  of  the  Democrats  in  this  State,  than  any 
other  person  then  proposed  as  a candidate  for  their 
suffrages.  He  had  been  an  earnest  and  faithful  oppo- 
nent of  secession,  and,  as  the  commander  of  the  army, 
had  carried  on  the  war  in  the  true  spirit  of  a patriotic 
general ; and  there  was  a deep  feeling  that  his  great 
services  had  been  rewarded  only  by  cruel  disparage- 
ment and  base  desertion.  Could  his  party  have  pre- 


198 


REMINISCENCES  OF  NEW  JERSEY.  * 


vailed  in  the  United  States,  there  is  every  reason  to 
believe  that  not  only  would  a safe  and  honorable 
peace  have  been  obtained,  but  that  the  integrity  of 
our  constitution  would  have  been  maintained  and  the 
government  administered  in  its  true  spirit. 

Opinions  may  differ  in  regard  to  the  military  capac- 
ity of  General  McClellan  ; but  it  is  certain,  that  while 
he  had  the  nominal  command  of  the  army  of  the  Po- 
tomac he  had  no  fair  opportunity  of  disclosing  his  true 
character  as  a general.  As  has  been  so  forcibly  and 
truly  stated  by  Lord  Macaulay,  no  general  ever  suc- 
ceeded who  was  subject  to  the  control  of  a military 
council.  And  he  was  subject  to  a control  far  worse 
than  any  military  council  ever  could  be.  Newspapers 
exercising  a powerful  influence,  not  only  over  the 
public  mind,  but  over  the  mind  of  the  President  and 
his  advisers,  were  shouting,  “ On  to  Richmond,”  re- 
gardless of  preparation  or  of  adequate  force  ; other 
generals,  jealous  of  his  promotion,  were  busy  in  urging 
complaints  ; and  those  having  authority  to  direct  his 
measures,  themselves  without  a plan,  were  constantly 
interfering  with  his  measures  and  rendering  success 
impossible.  But  the  best  test  of  his  true  character 
was  his  conduct  when  he  was  unjustly  displaced  and 
the  command  devolved  on  others,  inferior  to  him  in 
all  respects.  When  they  ignominiously  failed,  and  all 
was  terror  and  alarm,  he  unhesitatingly  resumed  the 
command,  made  the  best  of  the  difficulties  thrown  in 
his  way,  and  led  the  army  to  a hard  won  victory.  He 
then  quietly  retired,  and  bore,  with  true  Christian 
magnanimity,  contumely  and  abuse.  Never,  by  one 
word  or  action,  did  he  depart  from  the  line  of  conduct 
with  which  he  commenced  his  career. 

Had  a majority  of  the  people  elected  and  supported 


PETER  D.  VROOM. 


199 


McClellan,  we  might  have  been  saved  the  great  crime 
and  the  great  calamity  of  having  a president  assassi- 
nated, and  the  public  mind,  already  sufficiently  in- 
flamed, thrown  into  a paroxysm  of  passion  natural 
enough,  but  disastrous  in  its  influence.  We  should 
have  been  spared  a president  capable  of  commencing 
his  duties  by  disgracing  himself  in  the  eyes  of  the 
world,  elected  by  men  who  had  but  one  sentiment  in 
common  with  him,  and  who  were  ready,  not  only  to 
dissent  from  his  most  important  recommendations, 
but  to  brand  him  as  a criminal  and  to  attempt  to  de- 
grade him  from  his  office,  because  he  differed  from 
them  in  regard  to  measures  at  best  of  very  doubtful 
propriety,  and  interpreted  obscure  statutes  in  a way 
they  did  not  approve. 

The  war  between  the  North  and  the  South,  lament- 
able as  it  was,  resulted  in  the  complete  overthrow  of 
slavery,  and  thus,  in  the  providence  of  God,  a great 
good  came  out  of  a great  evil.  But  no  such  compen- 
sation can  be  hoped  for,  from  measures  of  reconstruc- 
tion which  have  not  only  materially  altered,  and  in 
some  aspects,  it  is  to  be  feared,  for  the  worse,  our  old 
constitution  ; but  which  have  been  adopted  in  contra- 
vention of  plain  provisions  that  remain.  When  it  was 
first  proposed  to  treat  the  Southern  States  as  con- 
quered provinces,  the  proposition  found  little  favor, 
even  with  leading  Republicans.  But  such  extreme 
and  dangerous  men  as  Thaddeus  Stevens  and  Benja- 
min F.  Butler  were  suffered  to  rule.  The  result  has 
been  a series  of  measures  which  have  produced  state 
governments  that  are  a reproach  to  our  country,  and 
which  threaten  permanently  to  alienate  the  best  citi- 
zens from  the  government  of  the  Union.  Mr.  Vroom 
has  been  constant  in  his  opposition  to  all  these  meas- 


200 


REMINISCENCES  OF  NEW  JERSEY. 


ures.  In  1868  he  was  chosen  one  of  the  presidential 
electors,  and  aided  in  casting  the  vote  of  the  State  for 
Horatio  Seymour. 

Upon  the  death  of  his  eldest  son,  who  was  the  state 
reporter  of  the  decisions  of  the  supreme  court,  he  was 
induced  to  accept  that  office,  and  still  holds  it,  having 
published  four  volumes  of  Reports.  He  has  also,  dur- 
ing several  years,  held  the  appointment  of  one  of  the 
commissioners  of  the  sinking  fund. 

Enjoying  the  instruction  of  faithful  Christian  par- 
ents, he  early  in  life  united  himself  with  the  Dutch 
Reformed  Church,  and  was  during  many  years  a Rul- 
ing elder.  Not  only  of  full  Dutch  descent,  but  a 
partaker  of  that  conservative  character  generally  at- 
tributed to  those  of  that  race,  he  was  a zealous  and 
earnest  advocate  for  the  retention  of  the  word 
“ Dutch  ” in  the  name  of  his  church. 

An  able  and  eloquent  speaker  on  the  platform,  he 
has  frequently  been  called  on  to  make  addresses  to 
the  graduates  of  Rutger’s  College,  of  which  he  is  a 
trustee,  and  to  the  American  Colonization  and  Bible 
Societies,  of  which  he  is  a vice-president.  In  1850 
the  College  of  New  Jersey  conferred  on  him  the  de- 
gree of  LL.  D. 

Mr.  Vroom  stands  at  the  head  of  the  bar  of  New 
Jersey,  and  now,  at  the  great  age  of  nearly  fourscore, 
continues  to  practice  his  profession.  An  argument 
which  he  recently  made  before  the  court  of  errors  and 
appeals,  on  the  constitutional  question  as  to  the  power 
of  the  legislature  to  allow  an  appeal  from  a decree  of 
the  prerogative  court,  has  been  spoken  of  as  equal 
to  one  of  his  best  efforts  in  the  days  of  his  youthful 
vigor. 


CHAPTER  VII. 

GOVERNORS  I HAVE  KNOWN. 

SAMUEL  L.  SOUTHARD.  ELIAS  P.  SEELEY. 

AMUEL  L.  SOUTHARD,  governor  and  chancel- 


lor in  1832,  was  born  at  Baskingridge,  June  9, 
1787.  His  father,  Henry  Southard,  was  from  Long 
Island,  and  removed  to  New  Jersey  early  in  life.  He 
had  only  a common  English  education,  and  started 
in  life  as  a day  laborer;  but  by  untiring  industry 
and  saving,  managed  to  purchase  a farm,  and  was 
for  many  years  a justice  of  the  peace,  and  several 
years  a member  of  the  Assembly  of  New  Jersey. 
At  the  election  for  members  of  Congress,  in  the  fall 
of  1800,  he  was  elected  by  the  republican  party,  a 
representative  from  New  Jersey,  and  was  successively 
reelected  until  1810.  In  1814  he  was  again  elected, 
and  continued  to  be  reelected  until  1820,  closing  his 
congressional  career  on  the  3d  of  March,  1821.  His 
son  took  his  seat  in  the  senate,  in  February,  and  they 
were  both  members  of  the  joint  committee  of  the  two 
houses,  which  reported  what  was  then  called  the  Mis- 
souri Compromise.  He  died  June  2,  1842,  a few  days 
before  the  death  of  his  son. 

It  was  said  that  when  Samuel  was  about  eleven 
years  of  age,  his  mother  struck  him  for  some  impro- 
priety of  conduct;  becoming  enraged,  he  left  his 
home  with  the  intention  of  not  returning.  He  had 
not  proceeded  far  before  he  began  to  reflect  upon  the 
rashness  and  wickedness  of  his  conduct,  and  seating 


202 


REMINISCENCES  OF  NEW  JERSEY. 


himself  by  the  way-side,  he  wept  long  and  bitterly, 
and  rose  up  to  return  home,  beg  his  mother’s  forgive- 
ness, and  promise  her  that  his  temper  should  never 
again  become  his  master.  This  interesting  incident, 
which  seems  to  have  been  derived  from  his  own  state- 
ment, I can  readily  accept  as  authentic,  because  it 
agrees  so  well  with  my  own  observation  of  his  dispo- 
sition. He  undoubtedly  possessed  a warm  and  sus- 
ceptible temperament ; and  although  he  too  often 
yielded  to  temptation,  he  was  capable  of  great  self- 
control,  and  sometimes  was  called  upon  to  exercise 
it,  not  only  amid  scenes  of  political  warfare,  but  on 
occasions  of  far  more  trying  inflictions  of  private 
wrong  and  injury 

When  about  twelve  years  of  age,  he  commenced 
the  study  of  Latin,  at  a classical  academy  taught  at 
Baskingridge  by  the  Rev.  Robert  Finley,  afterwards 
well  known  as  the  principal  founder  of  the  American 
Colonization  Society.  Here  he  enjoyed  the  tuition 
of  an  accomplished  scholar,  a thorough  disciplinarian, 
a skillful  teacher,  and  one  particularly  distinguished 
for  his  ability  to  awaken  the  interest  of  his  pupils  in 
what  they  were  studying.  He  had  a natural  fond- 
ness for  teaching,  and  gave  his  whole  mind  to  the 
wrork.  His  influence  with  the  scholars  was  increased 
by  his  sacred  profession,  and  the  uncommon  power 
and  unction  which  marked  his  efforts  in  the  pulpit. 
And  here,  of  more  importance  to  him,  perhaps,  than 
the  studies  of  the  school,  he  enjoyed  the  fellowship 
of  Theodore  Frelinghuysen,  not  then,  as  he  after- 
wards became,  a devoted  Christian,  but  a moral  and 
amiable  youth,  beloved  by  his  classmates,  and  ex- 
ercising a salutary  influence  over  his  associates. 
The  friendship  here  commenced,  remained  unbroken 


SAMUEL  L.  SOUTHARD. 


203 


through  Mr.  Southard’s  life.  Joseph  R.  Ingersoll, 
of  Philadelphia,  George  Chambers,  of  Pennsylvania, 
Phillip  Lindsley  (afterwards  vice-president  of  Prince- 
ton and  president  of  Nashville  University),  and  Rev. 
Dr.  Jacob  Kirkpatrick,  were  also  students  with  South- 
ard at  this  school. 

In  September,  1802,  he  entered  the  junior  class  at 
Princeton,  and  in  1804,  at  the  age  of  seventeen  years 
and  three  months,  took  his  degree  with  honor  at 
that  institution,  in  the  same  class  with  Frelinghuy- 
sen,  Ingersoll,  Kirkpatrick,  and  Lindsley,  his  fellow- 
students  in  the  academy.  Samuel  Stanhope  Smith, 
so  distinguished  for  his  polished  manners,  for  his  ac- 
quaintance with  ancient  and  modern  literature,  and 
for  eloquence  as  a preacher,  was  then  the  president 
of  the  college,  and  in  full  possession  of  his  faculties. 
Rev.  Dr.  James  Alexander,  referring  to  him  in  his 
centennial  address,  in  1847,  says:  “A  little  later,  we 
who  first  saw  these  shades  in  1812,  recall  the  vener- 
able form  of  the  president,  as  he  laid  aside  the  sym- 
bol of  learned  rule ; beautiful  and  lordly  in  his  decay; 
unsurpassed  in  our  memory,  for  perfect  gracefulness 
and  a stateliness  which  had  lost  all  that  was  once  con- 
sidered as  pomp.”  And  Southard  himself,  in  an  ad- 
dress before  the  alumni  of  the  college,  in  1832,  says  of 
him  : “ Of  but  one  of  them  can  I speak  from  observa- 
tion and  intercourse ; and  of  him  the  impression  re- 
mains too  vivid  with  many  of  you  to  need  that  I 
should  arouse  it.  Who  that  ever  saw  the  dignified 
and  gentle,  graceful  and  manly  person  and  manners  of 
Smith,  and  has  not  the  object  still  uneffaced  upon  his 
sense  of  vision?  Who  that  has  heard  his  polished 
and  fervid  eloquence,  can  have  lost  the  impression 
upon  his  ear  ? Who  that  felt  the  influence  of  his  be- 


204 


REMINISCENCES  OF  NEW  JERSEY. 


nevolence  and  piety,  and  does  not  still  feel  its  action 
upon  the  heart  ? Who  that  listened  to  the  instructions 
of  his  learning,  and  the  precepts  of  his  wisdom,  does 
not  find  his  pantings  after  higher  attainments  in  vir- 
tue and  knowledge  enlivened  by  the  recollections  ? ” 

Soon  after  he  left  the  college,  Mr.  Southard  went 
to  Mendham,  Morris  County,  and  taught  a classical 
school.  Proposing  then  to  travel  through  the  South, 
he  went  to  Washington,  where  his  father  was  a mem- 
ber of  the  house  of  representatives.  He  had  there  be- 
come intimate  with  Colonel  John  Taliaferro  (pro- 
nounced Tolliver),  for  many  years  a member  of  Con- 
gress from  Virginia,  who  applied  to  him  to  recommend 
a tutor  to  take  charge  of  his  sons  and  nephews.  For 
many  years  before  this  time,  and  for  years  afterward, 
it  was  a common  thing  for  wealthy  Virginians  to  seek 
tutors  educated  at  Princeton.  As  soon  as  young  Mr. 
Southard  arrived,  the  proposition  was  made  to  him 
to  accept  the  situation,  which  he  agreed  to  do,  and  to 
relinquish  his  plan  of  travel. 

Accordingly,  in  the  fall  of  1805,  he  commenced  his 
residence  at  Hagley,  the  plantation  of  Colonel  Tal- 
iaferro, in  King  George’s  County,  a few  miles  from 
Fredericksburg,  and  remained  an  inmate  of  his  family 
five  years.  He  had  generally  eight  pupils,  two  of  them 
sons  of  the  colonel,  and  the  others  were  his  nephews, 
or  other  relatives,  and  was  accustomed  to  devote  five 
days  of  the  week  to  the  duties  of  the  situation  as 
tutor.  Soon  he  added  to  his  other  employments  the 
study  of  the  law,  under  the  direction  and  with  the 
aid  of  Judges  Green  and  Brooks,  of  Fredericksburg. 
After  the  examination  usual  there,  before  judges  in 
private,  he  was  admitted  to  practice  law  in  1809. 

It  is  not  easy  now  fully  to  appreciate  the  advan- 


SAMUEL  L.  SOUTHARD. 


205 


tages  enjoyed  by  an  acceptable  tutor  in  the  family 
of  a rich  and  cultivated  planter  of  Virginia  sixty 
years  ago.  One  of  his  pupils,  Major  Lawrence  Talia- 
ferro, who  recently  died  at  his  residence  in  Bedford, 
Pennsylvania,  after  having  been  for  many  years  on 
the  retired  list  of  the  United  States  Army,  writes  to 
me : “ Southard  was  treated  as  a friend  and  a brother  ; 
we  loved  him.”  Another  pupil,  James  Monroe  Tal- 
iaferro now  of  Stafford  County,  Virginia,  writes  : “ It 
is  impossible  for  me  to  do  justice  to  one  of  the  best 
men  I ever  met.  Pure,  gentle,  affectionate,  and 
talented,  he  needed  no  association  to  aid  him,  for  his 
own  virtues  shone  above  the  generality  of  men  with 
exceeding  brilliancy,  and  won  for  him  a name  and 
respect  that  is  still  green  and  flourishing  in  the 
memory  of  all  who  had  the  pleasure  of  his  acquaint- 
ance. He  was  our  guide,  example,  and  teacher,  and 
I shall  never  forget  him;  and  who  could,  with  a 
heart  to  appreciate  such  noble  traits  as  he  possessed  ?” 
Treated  as  the  associate  and  friend  of  the  family, 
and  introduced  to  the  society  of  the  cultivated  men 
and  women  with  whom  they  had  almost  daily  inter- 
course ; furnished  with  a horse,  at  all  times  at  his  dis- 
posal, and  thus  enabled  to  reciprocate  the  visits  of 
neighboring  families,  a youth  prepared  for  it  as  Mr. 
Southard  had  been,  was  afforded  means  of  improve- 
ment in  knowledge  and  manners,  which  could  hardly 
be  prized  too  highly. 

The  state  of  society  among  the  better  class  of  the 
planters  of  Virginia,  now  entirely  changed,  whether 
it  shall  prove  to  be  for  the  better  or  the  worse,  was 
at  that  time  very  peculiar.  Writing  from  Charlotte 
County  in  May,  1826,  the  Rev.  Dr.  J.  W.  Alexander 
describes  that  region  as  “a  rich,  fertile  region,  pro- 


206 


REMINISCENCES  OF  NEW  JERSEY. 


ducing  great  quantities  of  prime’  tobacco,  and  of 
course  growing  wealthy.  The  manners  of  the  peo- 
ple are  plain,  frank,  hospitable,  and  independent, 
proud  of  their  Yirginianism  and  all  its  peculiarities.  I 
suppose  that  no  set  of  people  in  the  world  live  more 
at  their  ease,  or  indeed  more  luxuriously,  so  far  as 
eating  and  drinking  are  concerned.  No  farmer  would 
think  of  sitting  down  to  dinner  with  less  than  four 
dishes  of  meat,  or  to  breakfast  without  several  differ- 
ent kinds  of  warm  bread.  It  is,  moreover,  a moral 
country ; no  gambling,  no  dissipation,  or  frolicking.’’ 
Colonel  Taliaferro  was  a relation  of  James  Monroe, 
and  enjoyed  not  only  his  acquaintance  and  fellowship, 
but  was  intimate  also  with  Jefferson  and  Madison, 
and  most  of  the  other  distinguished  men  of  his  time. 
His  family  circle,  like  that  in  which  it  was  the  good 
fortune  of  William  Wirt  to  be  admitted  in  the  same 
vicinity,  and  which  aided  so  much  in  forming  his  ad- 
mirable- character,  as  is  stated  by  his  biographer,  fur- 
nished attractions  both  to  old  and  young.  His  chil- 
dren and  their  associates  drew  around  them  many 
cheerful  and  happy  companions.  An  elegant  hospi- 
tality prevailed  in  his  household,  choice  books  were 
found  in  his  library,  or  in  the  libraries  of  his  imme- 
diate friends  instructive  and  agreeable  conversation 
enlivened  his  fireside.  Hagley  exhibited  just  such  a 
combination  of  rare  and  pleasant  appurtenances  as 
are  likely  to  make  the  best  impressions  upon  the  mind 
of  an  ingenuous  and  ambitious  youth,  and  to  inspire 
him  with  zeal  in  the  cultivation  of  virtue  and  knowl- 
edge. Mr.  Southard  attracted  the  attention  and  won 
the  affectionate  regards  of  Mr.  Monroe,  and  was  ac- 
customed frequently  to  visit  him,  and  sometimes  to 
spend  several  days  with  him  at  his  residence  in  Loudon 


SAMUEL  L.  SOUTHARD. 


207 


County,  some  sixty  miles  or  more  from  King  George’s. 
Among  the  inmates  of  his  home  at  Hagley,  was  a 
ward  of  his  patron,  Miss  Rebecca  Harrow,  daughter 
of  a deceased  minister  of  the  Episcopal  Church,  orig- 
inally from  Ireland,  whom  he  afterwards  married ; al- 
though it  appears  from  some  of  his  letters  that  he 
had  long  indulged  a passion  for  a lady  at  Mendham. 

A change  in  the  society  of  Eastern  Virginia  began 
to  manifest  itself  very  plainly,  several  years  before 
the  recent  rebellion.  Much  of  the  land  was  badly 
cultivated,  and  wealth  diminished  rather  than  in- 
creased. The  rebellion  hastened  the  decay.  Hag- 
ley,  I have  been  informed,  is  now  a ruin.  One  of 
Mr.  Southard’s  pupils  writing  to  me,  remarks:  “ We 
are  a poor  set  hereabouts.  Honors  are  sometimes 
dangerous;  my  services  in  the  senate  of  Virginia 
for  many  years,  has  placed  my  neck  under  the  con- 
gressional guillotine,  and  the  war  has  left  me  a beg- 
gar on  the  earth,  with  a very  large  family.” 

Mr.  Southard  was  licensed  as  an  attorney  by  the 
supreme  court  of  this  State  in  1811,  and  then  took 
up  his  residence  in  Flemington,  the  county  seat  of 
Hunterdon  County,  where  he  built  himself  a house. 
He  was  married  to  Miss  Harrow  at  Hagley,  in  June, 
1812.  He  soon  acquired  a good  practice,  and  was 
appointed  prosecuting  attorney  of  the  county. 

He  first  attracted  attention,  and  took  the  place  he 
was  entitled  by  his  talents  and  acquirements  to  fill, 
in  an  argument  before  the  legislature  of  New  Jersey, 
in  January,  1815,  in  opposition  to  a petition  pre- 
sented by  Livingston  and  Fulton  to  repeal  a law  of 
this  State  passed  in  1813,  granting  to  Aaron  Ogden 
and  Daniel  Dod  the  exclusive  privilege*  of  using 
steamboats  plying  between  New  Jersey  and  New 


208 


REMINISCENCES  OF  NEW  JERSEY. 


York  in  the  waters  of  New  Jersey.  This  law  was 
designed,  and  expressed  on  its  face,  the  purpose  of 
opposing  the  monopoly  of  running  steamboats  in  the 
waters  of  New  York,  granted  by  that  State  to  the 
first  person  who  should  succeed  in  constructing  a 
boat  to  be  propelled  by  steam,  capable  of  passing 
through  the  water  at  the  rate  of  six  miles  an  hour, 
and  which  right  was  thus  acquired  by  the  success  of 
Fulton’s  boat,  constructed  by  him  with  the  aid  of  Mr. 
Livingston.  The  celebrated  Thomas  Addis  Emmet 
appeared  as  the  advocate  of  Livingston  and  Ful- 
ton, Joseph  Hopkinson  being  associated  with  Mr. 
Southard. 

Fortunately  we  have  a contemporary  statement  of 
the  arguments  in  this  case,  in  a “ Letter  to  a Gentle- 
man in  Washington/’  understood  to  have  been  writ- 
ten by  Lucius  H.  Stockton,  Esq.,  to  his  brother  Rich- 
ard, then  a member  of  Congress.  Mr.  Emmet  made 
the  opening  address.  Mr.  Southard’s  answer  is  thus 
described  : — 

“ His  whole  speech,  which  appeared  to  me  to  be  delivered  almost 
extempore,  or  with  very  short  notes,  to  which  he  made  no  per- 
ceivable application,  was  clear,  neat,  ornate,  fluent,  and  sententious, 
manifesting  a capacity  of  intellect  really  gigantic.  It  was  distin- 
guished by  a lucid  order  and  arrangement,  united  with  great  precision 
and  simplicity  of  eloquence,  which,  however,  was  very  forcible,  and 
rising  to  a high  degree  of  excitement  in  certain  parts,  but  particu- 
larly in  the  conclusion  of  his  argument. 

“ Possessing  that  classical  and  ingenuous  modesty  usually  accom- 
panying the  superiority  of  true  literary  merit,  he  has  the  seductive 
manner  of  an  Attic  elegance,  easier  to  conceive  than  describe,  which, 
irresistibly  captivating  the  affections,  insinuates  itself  into  the  mi- 
nutest ligaments  of  the  heart.  It  is,  therefore,  easy  to  observe  an 
inexpressible  elegance,  grace,  dignity,  and  force,  exciting  a peculiar 
interest  in  everything  which  he  utters,  and  justly  entitling  him  to 
the  character  of  what  is  well  expressed  in  the  language  of  our 


SAMUEL  L.  SOUTHARD. 


209 


aboriginal  inhabitants  by  ‘ a beloved  young  man.’  Though  I have 
been  accustomed  for  many  years  to  hear  the  most  eminent  men  of 
our  country,  celebrated  for  the  eloquence  of  the  senate,  forum,  and 
pulpit,  yet  I can  say  with  sincerity  that,  in  my  judgment,  he  was 
never  exceeded  by  a man  of  any  age,  and  rarely  if  ever  equaled  by 
a man  of  twenty-seven  years  old.  His  voice  is  clear,  musical,  and 
though  not  very  strong,  so  distinct  that  you  never  fail  to  hear 
every  word.  On  this  occasion  he  so  completely  united  the  suaviter 
in  modo  with  the  fortiter  in  re , that  he  obtained  the  rare  facility 
seldom  enjoyed  by  us  who  tread  the  toilsome  and  thorny  paths  of 
forensic  litigation,  of  perfectlyt  satisfying  his  clients  and  gratifying 
his  friends,  without  incurring  the  ire  usually  excited  in  adversaries. 
I am  confident  that  in  this  great  cause,  — in  which  not  to  have  been 
disgraced  by  a necessary  comparison  with  Hopkinson,  Emmet,  and 
Ogden  is  an  honor  of  no  inferior  grade,  — he  delivered  a speech 
neither  defective  nor  redundant,  which  created  an  indelible  impression 
on  his  hearers,  not  to  be  erased  while  the  love  of  brilliant  genius, 
real  eloquence,  profound  erudition,  and  manly  patritoism  remain  to 
adorn  and  vivify  the  minds  of  Jerseymen.  Although  I very  much 
regret  the  delusion  under  which  I view  him  as  laboring  on  the  subject 
of  politics,  which,  considering  his  pure,  amiable,  and  irreproachable 
character,  I must  attribute  to  the  early  prejudices  acquired  under 
his  parental  roof,  and  his  subsequent  residence  in  a democratic  part 
of  Virginia,  yet  I sincerely  wish  he  may  be  long  continued  as  a 
blessing  and  ornament  to  his  friends,  family,  and  country.” 

The  state  law  so  obnoxious  to  Livingston  and  Ful- 
ton  was  repealed  by  the  legislature,  notwithstanding 
the  strenuous  efforts  of  Colonel  Ogden,  his  counsel, 
and  friends  ; and  the  result  of  the  whole  contest  was 
very  disastrous  to  that  gentleman.  But  Mr.  Southard 
was  not  only  fortunate  in  being  brought  before  the 
public  in  such  an  important  and  well-known  contro- 
versy, in  connection  with  such  celebrated  speakers,  and 
in  being  able  to  maintain  a respectable  position  among 
them,  but  also  in  having  such  a friendly  reporter, 
whose  account,  although  partaking  of  the  somewhat 
exaggerated  style  of  the  eccentric  writer,  was  exceed- 
ingly interesting,  and  was  well  received  and  generally 

14 


210 


REMINISCENCES  OF  NEW  JERSEY. 


read  at  the  time  of  its  publication.  His* subsequent 
performances  as  an  advocate  and  senator  did  not,  as 
has  sometimes  happened  in  similar  cases,  prove  that 
the  praise  so  freely  lavished  was  undeserved,  but 
served  rather  to  show  that  it  was  in  the  main  de- 
served. 

At  the  succeeding  election  in  Hunterdon  County, 
Mr.  Southard  was  elected  a member  of  the  Assembly, 
and  Mahlon  Dickerson,  then  one  of  the  justices  of 
the  supreme  court,  being  elected  governor,  South- 
ard was  immediately  chosen  by  the  joint  meeting  to 
succeed  him  in  the  court.  The  vote  was  twenty-nine 
for  Southard,  and  twenty-four  for  Joseph  Mcllvaine, 
determined  by  the  location  of  the  members  or  by 
personal  preferences,  both  of  them  belonging  to  the 
democratic  party. 

Mr.  Southard  sat  as  a judge  five  years,  and  was 
also  the  reporter  of  the  decisions  of  the  supreme 
court.  Although  his  true  place  was  not  as  a judge, 
he  maintained  a respectable  standing,  and  had  the 
confidence  of  the  bar.  His  opinions,  as  reported, 
were  well  considered  and  happily  expressed.  One 
of  them,  pronounced  soon  after  he  took  his  seat  on 
the  bench  (1  South,  339),  is  a good  example  of  his 
style  of  writing. 

Shortly  after  his  appointment  as  justice  of  the 
supreme  court,  Mr.  Southard  removed  his  residence 
to  Trenton  ; and  it  would  seem  that  he  was  willing 
to  have  relinquished  his  place  as  judge  and  returned 
to  his  profession,  having,  in  November,  1817,  re- 
ceived twenty-six  votes  for  the  appointment  of  attor- 
ney-general  against  the  twenty-seven  which  at  that 
time  elected  Mr.  Frelinghuysen.  In  1820  a new  revis- 
ion of  the  Statutes  of  the  State  having  been  made, 


SAMUEL  L.  SOUTHARD. 


211 


he  and  Charles  Ewing  prepared  it  for  publication, 
and  superintended  the  printing.  In  the  fall  of  that 
year  he  was  elected  one  of  the  presidential  electors, 
and  had  the  pleasure  of  recording  his  vote  for  his 
friend  Mr.  Monroe,  who  was  reelected  president,  re- 
ceiving every  vote  but  one,  a unanimity  which  has 
not  happened  in  any  other  case. 

I became  personally  acquainted  with  him  when  I 
was  licensed  as  a counselor  in  1818.  In  the  fall  of 
1820  I was  elected  a member  of  Assembly  from  the 
County  of  Cumberland,  on  a union  ticket  formed  in 
opposition  to  the  regular  democratic  ticket,  as  an 
expression  of  adherence  to  the  policy  of  President 
Monroe,  which  to  a great  extent  ignored  the  old 
party  disputes.  So  entirely  had  this  spirit  the  as- 
cendency in  the  legislature  of  that  year,  that  the 
principle  was  adopted  and  regularly  acted  upon,  of 
allowing  the  representatives  of  each  county  to  take 
the  responsibility  of  making  the  county  appointments 
without  regard  to  party,  the  other  members  never 
interfering  unless  they  disagreed.  This  policy  was 
interrupted  the  next  year ; but  the  two  succeeding 
years  it  was  reinstated.  Party  politics  had  but  little 
influence  in  the  State  until  the  success  of  Jackson  in 
1828. 

The  term  of  James  J.  Wilson,  one  of  the  senators 
from  New  Jersey,  expired  on  the  3d  of  March,  1821, 
so  that  it  became  necessary  to  reelect  him  or  choose 
a successor,  during  the  sitting  of  the  legislature. 
Mr.  Wilson  was  the  editor  and  proprietor  of  the  “ Tren- 
ton True  American,”  the  organ  of  the  democratic 
party,  and  had  for  nearly  twenty  years,  in  connec- 
tion with  Judge  Rossell  and  a few  others,  controlled 
its  management  in  the  State.  Unfortunately  he  had 


212 


REMINISCENCES  OF  NEW  JERSEY. 


within  a few  years  become  intemperate  in  his  habits, 
a fact  which  was  denied  by  his  adherents,  and  which 
many  of  his  friends  were  slow  to  believe,  but  which 
had  become  known  to  me  and  some  others.  Under 
these  circumstances  a number  of  those  who  had  al- 
ways been  Democrats,  including  Pennington  of  Essex 
(a  brother  of  the  judge),  determined,  if  it  should  be 
found  practicable,  to  elect  some  other  person.  Upon 
canvassing  the  members  of  the  two  houses,  it  was 
found  that  a majority  were  of  this  opinion.  When  a 
regular  preliminary  meeting  of  those  opposed  to 
Wilson  was  held,  John  Rutherfurd,  then  residing  near 
Newark,  and  Samuel  L.  Southard,  were  brought  for- 
ward as  the  candidates.  Having  a decided  preference 
myself  for  Mr.  Southard,  and  believing  it  objection- 
able to  select  an  eastern  man  (the  other  senator 
being  Mahlon  Dickerson,  of  Morris  County),  I in- 
sisted that  West  Jersey  must  have  the  preference,  and 
this  consideration  induced  a majority  of  those  present 
to  vote  for  Southard.  When  the  joint  meeting  was 
held  in  November,  he  was  elected  by  a vote  of  thirty 
in  his  favor,  against  twenty-four  for  Wilson. 

In  a few  days  after  his  election  as  senator,  Mr. 
Southard  resigned  his  office  as  justice  of  the  su- 
preme court,  and  Ford  was  chosen  his  successor.  Mr. 
Wilson  did  not  attend  in  the  senate  at  its  next  meet- 
ing, and  soon  resigned.  Southard  was  appointed 
to  fill  the  vacancy,  and  took  his  seat  February  16, 
1821.  Congress  was  then  in  the  midst  of  the  excite- 
ment growing  out  of  the  question  of  admitting  Mis- 
souri as  a State  of  the  Union,  which  was  resisted  on 
account  of  two  clauses  in  its  constitution,  one  of 
which  (sec.  26  of  article  3d)  directed  that  the  legis- 
lature should  prohibit  the  immigration  of  free  negroes 


SAMUEL  L.  SOUTHARD. 


213 


into  the  State,  and  the  other  forbade  the  abolition  of 
slavery.  The  house  of  representatives  had,  by  a 
considerable  majority,  voted  against  admitting  the 
State.  On  the  22d  day  of  February,  Mr.  Clay  moved 
in  that  house  a resolution,  “That  a committee  be 
appointed  on  the  part  of  this  house,  jointly  with  such 
committee  as  may  be  appointed  on  the  part  of  the 
senate,  to  consider  and  report  to  the  senate  and  to 
the  house  whether  it  is  expedient  or  not  to  make 
provision  for  the  admission  of  Missouri  into  the 
Union,  on  the  same  footing  as  the  original  States, 
and  for  the  due  execution  of  the  laws  of  the  United 
States  within  Missouri ; and  if  not,  whether  any 
other  and  what  provision  adapted  to  her  actual  con- 
dition ought  to  be  made  by  law.” 

To  this  resolution  Mr.  James  A.  Hamilton  must 
refer,  in  a statement  which  he  makes  in  his  recently 
published  “ Keminiscences  ” (page  443),  given  on  the 
authority  of  Ogden  Hoffman,  son-in-law  to  S.  to 
whom  Southard  related  the  facts.  It  is  as  follows  : — 

“ Mr.  Southard  was  a member  of  the  senate  of  the  United  States, 
young  and  recent ; Mr.  Clay  an  old,  distinguished,  and  influential 
member  of  the  house  of  representatives,  pending  the  agitation  of 
that  question  which  excited  the  deepest  interest  and  anxiety  in  all 
parts  of  the  country.  Mr.  Southard  prepared  resolutions,  the  iden- 
tical ones  afterward  introduced  and  passed.  He  showed  them  to  his 
political  friends,  Mr.  Clay  among  others.  They  were  approved, 
and  it  was  agreed  that  Mr.  Southard  should,  on  a certain  day,  as  soon 
as  the  morning  business  was  over,  present  them  to  the  senate.  On 
the  morning  of  that  day,  Southard  being  prepared  to  move  those 
resolutions,  received  a message  from  Mr.  Clay,  requesting  a meet- 
ing on  the  resolutions.  Southard  went  there.  Clay  urged  that  it 
would  be  better  that  the  resolutions  should  be  brought  forward  in 
the  house  of  representatives,  and  desired  Mr.  Southard  to  give 
him  the  resolutions,  saying  he  would,  with  Mr.  Southard’s  consent, 
bring  something  of  the  same  kind  forward  in  the  house.  Mr. 
Southard  assented.  Mr.  Clay  took  the  resolutions,  and  without 


214 


REMINISCENCES  OF  NEW  JERSEY. 


change  in  any  respect  whatever,  offered  the  resolutions  in  the  house. 
They  were  carried  in  both  houses.  The  question  was  settled ; the 
agitation  ceased.  Mr.  Clay  has  had  from  that  time  the  whole  merit 
of  that  measure.  He  never  has  given  to  Mr.  Southard  the  credit 
of  any  part.” 

Mr.  Southard  was  one  of  the  committee  of  the 
senate,  and  Mr.  Clay  was  at  the  head  of  the  house 
committee.  On  the  26th  of  February,  the  latter  re- 
ported the  following  resolutions,  which,  being  adopted 
by  a majority  of  both  houses,  and  assented  to  by  the 
legislature  of  Missouri,  ended  the  struggle.  It  would 
seem  from  the  tenor  of  Mr.  Hamilton's  statement, 
that  this  was  also  drafted  by  Mr.  Southard. 

“ Resolved , That  Missouri  shall  be  admitted  into  this  Union  on 
an  equal  footing  with  the  original  States  in  all  respects  whatever, 
upon  the  fundamental  condition  that  the  fourth  clause  of  the  twenty- 
sixth  section  of  the  third  article  of  the  constitution  submitted  on 
the  part  of  said  State  to  Congress,  shall  never  be  construed  to  au- 
thorize the  passage  of  any  law,  and  that  no  law  shall  be  passed  in 
conformity  thereto,  by  which  any  citizen  of  either  of  the  States  in 
this  Union  shall  be  excluded  from  the  enjoyment  of  any  of  the 
privileges  and  immunities  to  which  such  citizen  is  entitled  under  the 
Constitution  of  the  United  States  ; provided  that  the  legislature 
of  the  said  State  by  a solemn  public  act,  shall  declare  the  assent  of 
the  said  State  to  the  said  fundamental  condition,  and  shall  transmit 
to  the  President  of  the  United  States,  on  or  before  the  fourth  Mon- 
day in  November  next,  an  authentic  copy  of  the  said  act ; upon  the 
receipt  whereof,  the  President,  by  proclamation,  shall  announce  the 
fact ; whereupon  and  without  any  further  proceedings  on  the  part  of 
Congress,  the  admission  of  the  said  State  into  this  Union  shall  be 
considered  as  complete.” 

At  the  session  of  Congress  commencing  in  Decem- 
ber, 1821,  Mr.  Southard  spoke  on  several  occasions, 
but  made  no  special  effort  to  attract  attention.  In 
a letter  to  me,  written  during  the  winter  session  of 
1822-23,  he  refers  to  various  subjects,  and  among 
others,  to  a speech  he  had  made  on  a bill  before  the 


SAMUEL  L.  SOUTHARD. 


215 


senate  respecting  imprisonment  for  debt.  He  re- 
marks : “ The  editor  of  the  ‘ National  Intelligencer  ’ 
told  me  he  intended  to  publish  my  remarks.  I have 
no  ambition,  however,  to  see  myself  in  print,  and 
should  be  quite  willing  he  would  let  me  alone.” 

In  this  letter  he  refers  to  the  question  of  the  next 
president,  and  says  : “ My  objections  to  Adams,  Clay, 
and  Crawford,  are  the  same  which  you  mention,  and 
I have  others  which  you  have  not  mentioned  ; but  I 
do  not  coincide  in  the  belief  that  Mr.  Calhoun  is  out 
of  the  question ; he  seems  to  me  quite  as  likely  to 
succeed  as  any  one  of  the  others.”  His  preference 
for  Mr.  Calhoun  continued  to  be  expressed,  until 
near  the  election  of  Mr.  Adams.  It  must  be  remem- 
bered that  this  was  while  Mr.  Calhoun  was  Secretary 
of  War,  a decided  supporter  of  measures  of  internal 
improvement,  and  before,  as  Mr.  W ebster  in  his  great 
speech  in  answer  to  Hayne  expressed  it,  “ that  star 
in  its  ascension  veered  off  in  an  unexpected  direc- 
tion.” He  had  not  then  advanced  those  ultra  state 
right  doctrines  which  afterwards  did  so  much  mis- 
chief, but  was  the  favorite  of  “ Young  America,”  as 
well  in  the  North  as  South. 

In  a letter  addressed  to  me,  from  Washington,  by 
Richard  S.  Coxe,  Esq.,  who  had  recently  removed 
from  New  Jersey,  and  who  was  for  some  years  a lead- 
ing lawyer  there,  dated  March  2,  1823,  he  remarks  : 
“ You  have  been  more  acquainted  with  Southard  than 
I ever  was,  until  I came  here ; but  I have  found  him 
one  of  the  very  finest  fellows  I ever  knew.  Liberal 
in  his  principles  and  feelings,  high-minded  and  hon- 
orable, and  in  his  conduct  towards  myself  as  earnest 
and  kind  as  if  I had  been  his  brother.  In  one  re- 
spect, I have  found  him  very  different  from  what  I 


216 


REMINISCENCES  OF  NEW  JERSEY. 


had  been  led  to  believe  of  him.  He  is  as  thorough 
a Jersey  man  as  any  you  have  ever  met  with.  I have 
had  the  pleasure  of  spending  many  pleasant  hours 
with  him  and  Holcombe  this  winter.  They  are  both 
great  favorites  here  ; but  I am  inclined  to  think  that 
Southard  has  more  weight  here  than  all  the  residue 
of  the  Jersey  delegation.” 

A subsequent  letter,  dated  March  31,  1823,  re- 
marks : “ I understand  to-day  that  Mr.  Thompson 
(Smith  Thompson,  Secretary  of  the  Navy)  has  not 
positively  determined  whether  or  not  to  accept  the 
proffered  appointment  of  a seat  on  the  bench.  It 
will  probably  be  determined  before  many  days. 
Should  he  accept,  his  present  situation  will  unques- 
tionably be  offered  to  our  friend  Southard.  I trust 
he  will  make  no  difficulty  about  it,  but  come  among 
us,  and  live  where  he  is  much  beloved  and  respected. 
I am  in  hopes  Jersey  is  to  hold  up  her  head  again, 
for  I am  sure  she  has  wdthin  her  men  of  as  much 
talent  as  any  State  in  the  Union,  in  proportion  to  her 
numbers,  and  until  I came  here  I had  no  idea  .how 
dear  all  her  interests  are  to  me.” 

While  this  letter  is  before  me,  it  may  interest  oth- 
ers, as  it  certainly  does  me,  if  I quote  from  it,  the 
writer’s  remarks  upon  those  he  had  heard  of  the 
then  bar  of  the  supreme  court.  He  was  n well  edu- 
cated lawyer,  of  good  literary  taste  and  culture,  and 
writes  the  first  impressions,  and  perhaps  somewhat 
hasty,  but  in  the  main  just  conclusions  of  a young 
man.  Webster  had  not  then  become  so  well  known 
as  a great  lawyer  and  orator  as  he  afterwards  was, 
and  in  ordinary  cases  never  appeared  to  great  advan- 
tage. 

“ The  bar,  though  able,  is  different  from  what  I had  anticipated. 


SAMUEL  L.  SOUTHARD. 


217 


I candidly  think  that  causes  are,  upon  the  average,  argued  with  as 
much  ability  and  learning  at  the  bar  of  our  supreme  court  at 
Trenton  as  at  Washington.  Take  him  altogether,  I consider  Ser- 
geant as  the  first  man  here  ; he  unites  sound  learning,  great  indus- 
try, and  an  agreeable  elocution,  in  a higher  degree  than  any  others. 
Emmet  is  perhaps  his  equal,  but  he  possesses  more  of  the  vivacity 
of  manner  and  declamation ; the  feeling  he  shows  seems  to  flow 
from  his  interest  for  his  clients ; Sergeant’s  from  his  desire  to  ob- 
tain a just  decision.  You  can  better  understand  the  whole  of  this 
distinction  than  any  language  can  explain  it.  Webster  is  able,  in- 
genious, and  learned,  very  acute,  and  possessed  of  a logical  mind ; 
but  he  seems  to  make  the  argument  of  a cause  a mere  matter  of 
heartless  business ; he  is  dry  as  tinder,  awkward  in  his  manner,  by 
no  means  prepossessing  in  his  appearance,  and  I think  would  argue 
with  as  much  feeling  if  he  was  discussing  the  right  of  property  in 
a rusty  nail,  as  if  the  salvation  of  the  universe  hung  upon  the 
cause.  Harper  is  too  verbose  to  be  either  very  agreeable  or  very 
powerful.  Wirt  is  more  argumentative  than  declamatory  ; but  he 
seems  incapable  of  any  great  continuity  of  argument ; ’he  argues  to 
gain  his  point  rather  than  his  cause.  Clay  seems  to  think  that 
Mr.  C.  must  make  a handsome  speech,  while  he  probably  never  had 
a glimpse  of  what  beauty  consisted  in,  for  he  has  no  delicacy  of 
taste  in  anything.  Jones  has  every  natural  talent  in  such  perfec- 
tion that  he  never  will  be  half  as  great  as  if  he  had  a smaller  por- 
tion of  it.” 

Probably  the  comment  on  Mr.  Clay  will  strike 
readers  at  the  present  day  as  most  wanting  in  just 
appreciation  of  his  talents ; but  it  must  be  remem- 
bered that  he  was  then  a leading  Democrat ; Mr.  Coxe 
had  always  been  a Federalist.  He  did  not  rank  Mr. 
Clay  any  lower  as  a lawyer  than  I have  heard  him 
placed  by  Judge  Washington  and  Richard  Stockton. 

A letter  from  Mr.  Southard,  dated  August  23d, 
1823,  is  as  follows:  “My  dear  sir:  Mr.  Monroe  has 
requested  me  to  accept  the  secretaryship  of  the 
navy.  I see  many  difficulties  before  me  in  doing  it. 
May  I beg  of  you  as  a personal  friend,  to  tell  me 
what  is  best;  you  know  as  well  or  better  than  myself. 
In  great  haste,  yours,  etc.” 


218 


REMINISCENCES  OF  NEW  JERSEY. 


• 

Of  course  I advised  him,  as  I supposed  he  wished, 
and  as  I certainly  thought  right  for  him  and  right 
for  the  country,  that  he  should  accept  the  position. 
I had  not  then  heard  what  I was  afterwards  told, 
that  before  his  election  as  senator,  he  had  been  as- 
sured by  Mr.  Monroe,  that  if  he  should  obtain  a seat 
in  the  senate,  and  a suitable  opportunity  should 
offer,  he  would  place  him  in  his  cabinet.  It  was  said 
that  one  of  his  friends,  to  whom  he  wrote  a similar 
letter  to  that  addressed  to  me,  wrote  to  him  for  an- 
swer, — I suppose,  however,  more  in  jest  than  in  ear- 
nest : 66  No.  Stick  to  your  law  and  to  politics,  about 
which  you  know  something ; but  let  alone  the  navy, 
about  which  you  know  nothing.”  It  may  indeed 
seem  to  some  persons,  not  very  well  acquainted  with 
the  workings  of  our  government,  that  a lawryer  is  not 
the  most  likely  person  to  make  a satisfactory  secre- 
tary of  navy.  But  I believe  experience  has  shown 
that  this  is  an  error.  A large  majority  of  those  wrho 
have  held  that  office  have  been  educated  as  lawyers, 
and  those  of  a different  class  have  for  the  most  part 
proved  failures.  It  is  certain  that  Mr.  Southard  so 
managed  his  department  as  to  entirely  satisfy  the 
two  presidents  under  whom  he  acted,  and  as  to  gain 
the  respect  of  the  officers  of  the  navy  who  were 
subject  to  his  orders.  His  devotion  to  the  best  inter- 
ests of  that  department  of  the  public  service  was 
untiring,  and  his  success  in  managing  it  was  gener- 
ally acknowledged. 

When  John  Quincy  Adams  was  elected  President, 
and  formed  his  cabinet  about  eighteen  months  after 
Mr.  Southard  had  been  made  secretary  of  the  navy, 
there  were,  as  is  usual  in  such  cases,  many  specula- 
tions and  many  intrigues  relating  to  his  place.  Mr. 


SAMUEL  L.  SOUTHARD. 


219 


Clay  had  made  the  mistake  so  fatal  to  his  success  as 
an  aspirant  for  the  presidency,  of  accepting  the  office 
of  secretary  of  state,  then  supposed  to  be  in  the 
right  line  of  the  succession,  after  he  had  by  his  vote 
and  influence  aided  in  electing  Adams,  in  preference 
to  Jackson,  who  had  obtained  a plurality  of  the  elec- 
toral votes,  and  whose  popularity  proved  so  irresisti- 
ble. He  was  naturally  anxious  that  his  associates  in 
the  cabinet  should  be  not  merely  men  fit  for  their 
offices,  but  politicians  who  could  command  an  influ- 
ential popular  vote ; and  it  was  well  understood  he 
was  desirous  that  Mr.  Southard  should  give  place  to 
some  stronger  man.  But  Mr.  Adams  declined  to  be 
governed  by  such  motives.  Probably  no  president 
since  the  days  of  Washington  has  endeavored  to  re- 
gard the  fitness  of  the  person  appointed,  for  his  sta- 
tion, so  exclusively  as  Mr.  Adams.  He  declined  to 
remove  Mr.  Southard,  and  declined  also  to  appoint 
William  Henry  Harrison  Commander-in-chief  of  the 
army,  as  Mr.  Clay  wished,  conferring  the  appoint- 
ment on  General  Macomb,  as  entitled  to  it  by  senior- 
ity of  rank.  How  far  Mr.  Southard  was  acquainted 
at  the  time  with  the  course  of  Mr.  Clay  in  this  mat- 
ter, I do  not  know.  He  spoke  and  wrote  of  him  to 
me  as  if  he  had  his  entire  confidence.  In  a letter 
dated  in  January,  1828,  he  writes,  “ I have  been 
taught  by  my  intercourse  with  him,  to  place  a high 
estimate  on  his  talents  and  worth.”  Subsequently 
he  was  forced  to  the  conclusion  that  he  could  not 
reckon  him  among  his  friends. 

From  the  election  of  Mr.  Monroe,  in  1816,  to  the 
election  of  Jackson,  in  1828,  the  political  relations  of 
the  men  taking  an  active  part  in  party  proceedings 
assumed  a new  shape.  The  old  Federalists  were  utterly 


220 


REMINISCENCES  OF  NEW  JERSEY. 


dispirited  and  ceased  to  act  as  a party.  Many  of  the 
Democrats  were  tired  of  the  bitter  conflicts  through 
which  they  had  passed,  and  were  ready  to  meet  the 
overtures  of  their  opponents,  and  to  enjoy  peace. 
Mr.  Monroe  belonged  to  this  party,  and  in  1820  was 
reelected  unanimously.  There  were,  however,  still 
many  of  the  Democrats  who  for  various  reasons  did 
not  sympathize  with  this  feeling.  At  the  election  for 
his  successor  in  1824,  the  old  party  organizations 
were  powerless,  and  new  ones  had  not  become  so  far 
consolidated  as  to  exercise  much  influence.  The  elec- 
toral votes  were  divided  between  Jackson,  Adams, 
Crawford,  and  Clay;  Mr.  Calhoun  receiving  nearly 
all  the  votes  as  vice-president,  of  those  who  voted 
for  Jackson  and  Adams,  a large  majority  of  the 
whole.  And  so  confused  were  the  prevailing  polit- 
ical opinions,  that  both  Jackson  and  Adams  were 
voted  for  by  some  as  Democrats  and  by  others  as 
substantially  Federalists.  As  a general  rule,  those 
Federalists  who  had  been  special  admirers  of  General 
Hamilton  voted  for  Jackson,  considering  Mr.  Adams 
as  a deserter.  The  old  and  more  earnest  Democrats 
in  Virginia  and  elsewhere  were  for  Crawford,  but  his 
ill-health  and  other  circumstances  put  him  behind. 
When  it  was  ascertained  that  the  election  would  de- 
volve on  Congress,  which  body  was  obliged  to  select 
the  president  from  the  three  having  the  most  votes, 
of  whom  Mr.  Clay  was  not  one,  the  final  result  was 
very  doubtful.  Clay  was  speaker  of  the  house  of 
representatives,  and  much  depended  on  his  course. 
There  had  been  a misunderstanding  between  him  and 
Mr.  Adams  ; but  there  were  many  reasons  for  believ- 
ing that  he  would  prefer  him  to  Jackson,  although 
the  latter  had  received  a plurality  of  the  votes.  No 


SAMUEL  L.  SOUTHARD. 


221 


one  could  foresee  what  the  future  political  combina- 
tions would  be,  and  it  was  obvious  that  this  would 
depend  very  much  upon  the  course  taken  by  the  in- 
fluential members  of  Congress.  It  was  said,  and  I 
have  reason  to  believe  with  truth,  that  at  one  time 
the  members  from  Virginia  had  determined  to  give 
the  vote  of  that  State  for  Mr.  Adams.  Had  this  been 
done,  it  would  have  been  such  a decided  recognition 
of  his  claims  as  a Democrat,  that  in  all  probability 
his  administration  would  have  been  received  and 
supported  by  that  party,  and  the  friends  of  Jackson 
would  have  found  it  necessary  to  rally  under  a differ- 
ent name.  This  was  the  opinion  of  Mr.  Adams  him- 
self, strongly  expressed  in  a letter  to  Walsh,  the  edi- 
tor of  a newspaper  in  Philadelphia,  which  he  pub- 
lished. The  result,  however,  was,  that  when  it  was 
ascertained  that  Mr.  Clay  and  his  special  friends 
would  vote  for  Adams,  and  that  in  all  probability  he 
would  be  the  leading  man  in  the  new  administration, 
the  vote  of  Virginia  was  withheld  from  Mr.  Adams 
and  cast  for  Crawford. 

Pretty  soon  after  the  inauguration  of  Mr.  Adams, 
a very  decided  hostility  to  him  w^as  manifested  in 
Congress  and  throughout  the  country.  To  most  of 
the  rank  and  file  of  the  old  Democrats,  his  very 
name  was  odious.  Mr.  Southard  found  his  position 
by  no  means  an  easy  one.  Mr.  Dickerson,  the  lead- 
ing senator  from  New  Jersey,  was  not  his  friend,  and 
his  successor  Mr.  Mcllvaine,  was  not  able  to  render 
him  a very  efficient  support.  His  letters  have  fre- 
quent references  to  this  state  of  things.  Of  the 
date  16th  April,  1826,  he  writes:  “I  entered  this  ad- 
ministration with  a perfect  understanding  that  it  was 
to  be  a continuation  of  Mr.  Monroe's ; founded  on 


222 


REMINISCENCES  OF  NEW  JERSEY. 


the  same  principles,  governed  by  the  same  policy. 
I have  yet  seen  nothing  to  make  me  doubt  that  it  is 
so,  and  as  such  it  merits  and  shall  receive  my  sup- 
port. When  it  ceases  to  be  so,  I cease  to  form  a part 
of  it.  In  taking  the  course  I do,  and  in  devoting  my 
best  exertions  to  what  I suppose  to  be  the  best  inter- 
ests of  the  country,  I have  hoped  for  the  support  of 
New  Jersey.  Should  this  hope  fail  me,  my  course  is 
not  and  cannot  be  doubtful.  I cannot  burden  an  ad- 
ministration with  the  opposition  of  my  friends.  I see 
no  reason  to  apprehend  this  result ; but  I am  prepared 
for  it.  The  representation  of  New  Jersey,  considering 
that  they  voted  for  General  Jackson,  seem  disposed  to 
act  a friendly  and  fair  part  to  the  present  administra- 
tion. From  this  remark  there  is  one  exception  in  the 
senate.”  The  New  Jersey  delegation  in  Congress 
voted  for  Jackson  on  the  avowed  ground  that  he  had 
received  the  electoral  vote  of  the  State. 

In  July,  after  this  letter  was  written,  I casually 
met  Mr.  Southard  at  Trenton,  and  he  entered  into 
an  earnest  conversation  with  me  in  regard  to  the 
election  of  a senator,  it  being  rumored  that  Mr.  Mc- 
Ilvaine  would  resign,  or  at  all  events  decline  a re- 
election.  Much  anxiety  was  expressed  that  some 
person  should  be  selected  upon  whom  he  could  de- 
pend as  a personal  friend  and  a decided  supporter  of 
the  administration  ; and  his  preference  seemed  to  be 
for  Dr.  Holcombe,  then  a member  of  Congress,  who 
was  a warm  personal  friend  from  their  college  days, 
and  who  it  was  known  was  ambitious  of  a seat  in  the 
senate. 

I happened  to  know,  from  confidential  scorrespond- 
ence  with  Holcombe,  what  I found  he  did  not  know, 
that  Holcombe  was  very  much  opposed  to  Mr. 


SAMUEL  L„  SOUTHARD. 


228 


Adams,  and  had  made  up  his  mind  to  go  for  Jack- 
son.  I therefore  advised  him  to  see  the  doctor,  and 
for  that  purpose  he  rode  out  to  his  residence  at  Al- 
lentown. The  result  of  the  interview  was  that  he 
found  it  necessary  to  relinquish  that  purpose. 
Shortly  afterwards  Mcllvaine  died,  and  at  the  ensu- 
ing joint  meeting,  in  the  fall  of  1826,  Ephraim  Bate- 
man, friendly  enough  to  Mr.  Adams,  and  not  hostile 
to  Southard,  but  not  to  be  reckoned  as  a personal 
friend,  was  elected  by  his  own  vote,  in  opposition  to 
Frelinghuysen,  upon  whom  he  might  have  depended 
as  a friend  of  himself  and  of  the  administration. 
Holcombe,  who  was  a gentleman  of  fine  culture  and 
good  talents,  but  who  had  no  great  fitness  for  polit- 
ical life,  died  at  an  early  age  in  1828. 

As  the  final  contest  between  Adams  and  Jackson 
drew  near,  it  became  more  and  more  apparent  that 
Mr.  Adams  must  fail.  But  his  supporters,  and  Mr. 
Southard  among  them,  were  slow  to  learn  this.  In 
the  fall  of  1827  I was  at  Albany,  as  one  of  the  com- 
missioners for  settling  the  line  between  New  Jersey 
and  New  York.  Mr.  Clinton  was  then  governor,  and 
the  legislature  of  New  York  was  holding  an  extra 
session.  Happening  to  be  engaged  writing  in  my 
room  at  the  hotel,  a door  into  an  adjoining  room  was 
so  open  that  I necessarily  overheard  a conversation 
between  two  democratic  members  of  the  legislature, 
in  which  one  announced  to  the  other  that  it  was  set- 
tled that  the  Bucktail  party,  as  the  Democrats  of  that 
State  were  then  called,  would  declare  for  Jackson.  I 
had  also  heard  it  stated  that  Mrs.  Clinton,  who  was 
used  as  the  straw  which  showed  how  the  wind  blew, 
had  openly  declared  her  preference  for  Jackson;  and 
in  corroboration  of  this,  Mr.  Cambrelling,  then  a lead- 


224 


REMINISCENCES  OF  NEW  JERSEY. 


ing  democratic  politician,  stated  unreservedly  at  the 
dinner  table,  that  New  York  would  vote  for  Jackson, 
assigning  as  the  reason  that  Clinton  was  in  his  favor, 
and  the  Bucktails  would  be,  so  that  Mr.  Adams  would 
be  left  without  the  support  of  either  of  the  organized 
parties  of  that  State ; all  of  which  proved  true.  Clin- 
ton died  before  Jackson’s  election,  but  most  of  his 
friends  supported  him,  and  had  he  lived  he  would  no 
doubt  have  been  the  secretary  of  state. 

When  I returned  home,  I informed  Mr.  Southard  of 
what  I had  heard,  and  stated  my  own  impression  that 
Mr.  Adams  would  be  defeated.  He  answered,  of  the 
date  of  October  7,  1827:  “I  have  still  stronger  hopes 
and  higher  confidence  than  you  entertain  about  the 
result  of  the  coming  presidential  contest,  and  if  I can  * 
find  the  time  will,  in  a few  days,  give  you  my  reasons. 

I have  in  my  visit  to  Albany  had  some  opportunity  of 
looking  into  the  state  of  feeling  and  opinion  in  New 
York.  I have  come  to  a different  conclusion  from  that 
mentioned  by  you.”  The  result  was  that  the  electoral 
vote  of  New  York  was  divided,  a majority  voting  for 
Jackson. 

New  Jersey  gave  a decided  majority  for  Mr.  Adams. 

A very  considerable  number  of  the  old  Democrats, 
among  whom  I was  myself  numbered,  with  most  of 
my  old  political  friends  who  had  been  in  public  life, 
supported  him ; while  many  of  the  old  federal  leaders 
went  for  Jackson.  The  change  in  the  political  rela- 
tions of  the  leading  men  of  the  State  at  this  time 
was  very  remarkable.  Many  of  the  old  Federalists 
became  life-long  Democrats,  among  whom  were  Wall, 
Yroom,  Ryerson,  Haines;  while  some  of  them,  like 
Parker  and  Chetwood,  after  Jackson’s  time  went  back 
to  their  old  party  relations.  Many  old  Democrats,  like 


SAMUEL  L.  SOUTHARD. 


225 


the  Penningtons,  became  life-long  opponents  of  the 
democratic  party;  while  others,  although  opposed  to 
Jackson,  afterwards  acted  with  the  Democrats.  As  a 
general  rule,  the  mass  of  voters  adhered  to  the  party 
names,  as  they  still  do. 

I agreed  with  Mr.  Southard  in  thinking  that  Gen- 
eral Jackson  had  many  high  qualities,  but  besides 
the  objection  that  his  popularity  was  merely  that  of 
a successful  soldier,  his  peculiar  temper  rendered  him 
a dangerous  man  to  be  at  the  head  of  the  government. 
His  integrity  was  unquestionable,  and  he  had  an  in- 
domitable will ; but  his  violent  passions  made  him 
liable  to  very  improper  influences.  The  manner  in 
which  he  removed  the  deposits  of  the  government 
money  from  the  Bank  of  the  United  States,  corrupt 
as  that  institution  proved  to  be,  and  unnecessary,  in- 
deed injurious,  as  such  an  institution  really  was  to 
the  business  of  the  country,  was  decisive  evidence 
of  his  unfitness  for  the  station  he  occupied.  As  to  his 
removals  from  office,  merely  upon  political  grounds, 
improper  as  the  practice  was  and  is,  and  first  reduced 
to  a system  during  his  presidency,  I regard  it  rather 
as  the  result  of  those  influences  which  raised  him  to 
the  office  than  as  being  his  individual  act.  The  truth 
is,  he  was  the  first  chief  magistrate,  after  Washing- 
ton, really  elected  by  the  people.  At  his  election 
the  democratic  element  of  our  government  first  mani- 
fested its  full  power;  his  majority  in  New  Jersey,  and 
probably  elsewhere,  was  greatly  increased  by  the  votes 
of  obscure  persons  who  had  never  voted  before.  The 
framers  of  the  constitution  intended  that  the  electors 
chosen  for  the  purpose  should  exercise  their  own 
judgments,  and  choose  the  fittest  man.  This  was 
found  impracticable  from  the  first.  But  still,  until 

15 


226 


REMINISCENCES  OF  NEW  JERSEY. 


1828,  the  political  leaders,  through  a congressional 
caucus,  chose  the  President ; the  popular  mind  was 
never  stirred  to  its  depths ; a full  vote  was  not  ob- 
tained, and  the  mass  of  those  who  did  vote,  did  not 
feel  that  the  choice  was  theirs.  Now  all  was  changed. 
The  consequence  was  that  the  busy  politicians,  whose 
personal  efforts  influenced  the  voters  and  brought 
them  to  the  polls,  demanded  what  they  naturally 
deemed  their  share  of  the  spoils,  and*  demanded  it  in 
tones  that  admitted  of  no  denial.  Parties  in  a popular 
government,  as  was  wittily  said  by  Charles  Townsend, 
a leading  politician  in  the  time  of  George  II.,  — “ par- 
ties, like  snakes,  are  propelled  by  their  tails.”  Noth- 
ing apparently  can  free  us  from  this  bad  system  but 
such  an  experience  of  its  evils  as  will  lead  to  an  effi- 
cient civil  service  bill,  requiring  competitive  exami- 
nation of  candidates. 

The  legislature  of  New  Jersey,  in  the  fall  of  1828, 
contained  a decided  majority  of  the  friends  of  Mr. 
Adams.  Ephraim  Bateman  was  compelled  by  bad 
health  to  resign  his  seat  in  the  senate.  Southard  was 
still  at  Washington,  but  had  written  to  me  in  Novem- 
ber, “I  have  always  looked  forward  to  a return  to 
Trenton  as  the  place  of  my  permanent  residence,  and 
it  is  my  intention  to  return  there  immediately  after 
the  fourth  of  March  next.  I am,  and  always  have 
been  poor,  and  must  look  to  my  daily  exertions  for 
the  support  of  my  family.”  At  the  joint  meeting 
held  in  January,  1829,  he  was  put  forward  as  a candi- 
date for  the  senate  ; but  the  late  William  B.  Ewing, 
then  speaker,  and  several  others  were  also  candidates, 
and  Southard  was  opposed  upon  the  ground  that  he 
was  not  an  inhabitant  of  the  State,  as  the  senator 
elected  was  required  to  be  by  the  constitution.  How- 


SAMUEL  L.  SOUTHARD. 


227 


ever  reasonable  this  objection  might  have  been  as  a 
ground  for  preferring  another  person,  it  was  not  the 
interpretation  which  has  prevailed  in  Congress.  After 
numerous  ineffectual  votes,  a resolution  was  offered 
and  carried  by  a majority  of  the  votes,  that  he  was 
not  eligible  to  the  office,  and  the  final  result  was  that 
Mahlon  Dickerson  was  chosen.  At  a subsequent  joint 
meeting  held  in  February,  Theodore  Frelinghuysen 
was  elected  senator  to  fill  the  vacancy  until  the  en- 
suing fourth  of  March,  occasioned  by  the  resignation 
of  Dickerson,  and  for  the  full  term  of  six  years  com- 
mencing at  that  date.  Shortly  afterwards  Southard 
was  chosen  attorney-general  of  the  State  by  a ma- 
jority of  one  vote,  in  the  place  of  Mr.  Frelinghuysen, 
who  resigned.  He  returned  with  his  family  to  Tren- 
ton. A letter  from  Rev.  Dr.  J.  W.  Alexander  to  Dr. 
Hall,  dated  Trenton,  May  11,  1829,  states:  “Mr. 
Southard  is  very  much  broken,  stoops  like  a man  of 
seventy,  and  seems  melancholy.  If  he  recovers,  he 
will  probably  be  our  next  governor.” 

In  another  letter  dated  July  30,  he  writes:  “ Mr. 
Southard  has  been  making  a speech  at  Newark,  which 
was  attended  by  a vast  audience,  is  greatly  admired, 
and  will  be  printed.  I should  like  to  introduce  you 
to  him.  He  is  one  of  the  most  agreeable  companions 
I have  ever  found,  and  pays  us  far  more  attention 
than  we  could  ever  demand  of  him.  His  popularity 
in  this  State  is  rapidly  rising  to  its  former  acme.” 

In  1822  he  had  been  chosen  one  of  the  trustees  of 
Princeton  College.  In  1832  the  University  of  Penn- 
sylvania conferred  on  him  the  degree  of  LL.  D.  His 
health  seems  always  to  have  been  delicate.  He  was 
able,  however,  to  enter  upon  the  duties  of  attorney- 
general;  and  as  the  office  was  then  without  more 


228 


REMINISCENCES  OF  NEW  JERSEY. 


than  a nominal  salary,  he  was  obliged  to  select  the 
counties  affording  the  best  income  from  the  fees  be- 
longing to  it,  and  soon  had  a large  practice  as  a law- 
yer. I remember  that  meeting  him  in  the  fall  of 
1832,  after  it  was  known  that  his  party  had  suc- 
ceeded in  electing  a majority  of  the  members  of  the 
legislature,  he  remarked  to  me  that  he  should  be 
called  upon  by  his  friends  to  again  take  the  place  of 
senator ; but  that  he  preferred  to  be  left  where  he 
was,  as  he  was  now  for  the  first  time  in  his  life  mak- 
ing something  more  than  a support.  I had  no  doubt 
his  best  judgment  dictated  this  course ; but  I did 
not  expect,  indeed  he  did  not  pretend,  that  he  would 
have  the  firmness  to  resist  the  temptation  again  to 
be  prominent  in  political  life.  It  must  be  acknowl- 
edged that  like  many  other  of  our  men  in  public 
office,  he  was  consumed  by  the  fever  of  ambition. 

When  the  time  came,  and  the  joint  meeting  as- 
sembled, he  allowed  himself  to  be  elected  governor; 
and  then  with  great  difficulty  prevailed  on  his  friends 
to  elect  him  senator,  thus  producing  the  necessity  of 
resigning  as  governor,  and  helping  so  to  distract  his 
party  that  they  lost  their  majority  in  the  State,  and 
did  not  regain  it  for  several  years.  As  he  was  gov- 
ernor only  about  three  months,  he  held  but  one  term 
of  the  court  of  chancery,  and  transacted  no  business 
of  any  consequence.  He  took  the  opportunity,  how- 
ever, when  called  upon  to  deliver  to  the  legislature 
in  January,  1833,  documents  received  from  the  gov- 
ernor of  South  Carolina  containing  the  celebrated  or- 
dinance of  that  State  professing  to  nullify  certain  laws 
of  Congress,  to  address  a long  and  very  able  message 
to  the  council  and  Assembly,. denying  in  the  most  ab- 
solute and  positive  manner  the  right  of  any  State  to 


229 


/ 

SAMUEL  L.  SOUTHARD. 

determine  for  itself  the  constitutionality  of  an  act  of 
Congress,  and  concurring  in  the  views  promulgated 
by  General  Jackson  in  his  proclamation,  although 
expressing  “ regret  at  expressions  which  might  be 
regarded  as  personal  invective” 

In  1827  Mr.  Southard  delivered  the  anniversary 
address  before  the  Columbian  Institute  at  Washing- 
ton, a society  formed  to  promote  the  claims  of  science, 
of  which  he  was  a member,  that  was  published  and 
attracted  much  notice  as  an  eloquent  argument  in 
favor  of  the  object  of  the  association.  In  1830  he 
delivered  a somewhat,  similar  address  before  the  New- 
ark Mechanics’ Association ; and  in  1832  he  delivered 
three  different  addresses,  which  were  published.  One 
of  them  was  . an  eulogium  upon  his  friend  Chief 
Justice  Ewing,  and  was  a fit  tribute  of  respect  and 
affection  to  the  character  of  a great  and  good  man, 
whose  sudden*  and  unexpected  death  when  at  the 
meridian  of  his  powers  and  usefulness,  so  shocked 
all  who  knew  him.  Afterwards  he  was  selected  at 
Washington  to  prepare  and  deliver  a similar  dis- 
course on  the  professional  character  and  virtues  of 
William  Wirt. 

These  and  some  other  productions  of  a similar  na- 
ture showed  him  to  have  a peculiar  talent  for  com- 
positions of  this  description,  and  that  he  was  entitled 
to  rank  with  Sergeant,  Webster,  Everett,  and  Binney 
in  fullness  of  knowledge  and  aptness  of  expression. 
An  address  before  the  societies  at  Princeton,  delivered 
in  1837,  in  which  he  took  for  his  topic  the  import- 
ance of  the  study  of  the  Bible,  in  forming  the  char- 
acter of  literary  and  scientific  men,  of  scholars  of 
every  grade  and  every  occupation,  attracted  great 
and  deserved  attention.  It  is  a remarkable  effort, 


230  REMINISCENCES  OF  NEW  JERSEY. 

full  not  only  of  wise  and  fatherly  admonition,  but  of 
the  most  apt  and  beautiful  classical  quotations  and 
allusions,  illustrated  by  references  to  the  writings  of 
Aristotle,  Socrates,  Plato,  and  other  great  authors  of 
ancient  times,  and  contrasts  of  their  failures  with  the 
perfect  moral  law  of  the  Scriptures.  His  concluding 
words  deserve  ever  to  sound  in  the  ears  of  student# 
and  of  lawyers  : — 

“ Of  all  men,  American  scholars,  and  you  among  them,  ought  not 
to  be  ignorant  of  anything  which  this  book  contains.  If  Cicero 
could  declare  that  the  Laws  of  the  Twelve  Tables  were  worth  all  the 
libraries  of  the  philosophers,  if  they  were  the  carmen  nectssarium 
of  the  Roman  youth,  how  laboriously,  manu  nocturnce  diurnaque , 
ought  you  to  investigate  its  contents,  and  inscribe  them  upon  your 
hearts.  You  owe  to  them  the  blessed  civil  institutions  under  which 
you  live,  and  the  glorious  freedom  which  you  enjoy,;  and  if  these  are 
to  be  perpetuated  it  can  only  be  by  a regard  to  those  principles. 
Civil  and  religious  liberty  is  more  indebted  to  Luther  and  Calvin, 
and  their  compeers  of  the  Reformation,  and  to  the  Puritans  and 
Protestants  of  England,  and  to  the  Huguenots  of  France,  than  to 
any  other  men  who  ever  lived  in  the  annals  of  time.  They  led  the 
way  to  that  freedom,  firmness,  and  independence  of  thought  and 
investigation,  and  the  adoption  of  these  principles,  as  the  guide  in 
social  government,  as  well  as  private  actions,  which  created  a per- 
sonal self-respect  and  firmness  in  its  defense,  which  conducted  us 
to  a sense  of  equal  rights  and  privileges,  and  eventually  to  the  adop- 
tion of  free  written  constitutions  as  the  limitations  of  power. 

“ Be  you  imitators  of  them.  Make  your  scholarship  subservient 
to  the  support  of  the  same  unchanging  principles.  They  are  as  nec- 
essary now  as  ever  they  were  to  the  salvation  of  your  country,  and 
all  that  is  dear  to  your  hopes.  The  world  is  yet  to  be  proselyted 
to  them.  Religion  and  liberty  must  go  hand  in  hand,  or  America 
cannot  be  established,  the  bondage  of  the  European  man  broken, 
Africa  enlightened,  and  Asia  regenerated.  And  even  here  we  are 
not  without  peril.  Look  abroad  ; are  not  the  pillars  of  our  edifice 
shaken  ? Is  not  law  disregarded  ? Are  not  moral  and  social  prin- 
ciples weakened  ? Are  not  the  wretched  advocates  of  infidelity 
busy  ? The  sun  has  indeed  risen  upon  our  mountain  tops  ; but  it  has 
not  yet  scattered  the  damps  and  the  darkness  of  the  valleys.  The 


SAMUEL  L.  SOUTHARD. 


231 


passions  are  roused  and  misled.  Ancient  institutions  are  scorned. 
Our  refuge  is  in  the  firm  purpose  of  educated  and  moral  men.  Draw- 
then  your  rules  of  action  from  the  only  safe  authority.  Hang  your 
banner  on  their  outer  wall.  Stand  by  them  in  trial  and  in  triumph. 
Dare  to  maintain  them  in  every  position  and  every  vicissitude,  and 
make  your  appeal  to  the  source  from  which  they  are  drawn.  And 
then  come  what  may,  contempt  or  fame,  you  cannot  fall ; and  your 
progress  at  every  step  will  be  greeted  by  the  benedictions  of  the  wise 
and  good.” 

After  his  return  to  the  senate  in  1833,  Mr.  South- 
ard took  an  active  part  in  the  proceedings  of  that 
body,  speaking  and  voting  generally  in  the  minority, 
until  the  close  of  the  administration  of  Mr.  Van 
Buren  in  1841.  In  the  fall  of  1838  he  was  reelected 
to  another  full  term.  In  1841  he  was  elected  presi- 
dent of  the  senate,  and  upon  the  retirement  of  Vice- 
President  Tyler,  filled  that  office  permanently  until 
his  death,  and  had  the  entire  confidence  of  all  par- 
ties, as  a dignified,  impartial,  and  able  presiding  of- 
ficer. But  he  was  not  without  his  trials.  When 
Harrison  was  selected  as  the  candidate  of  the  Whig 
party,  and  the  delegates  to  the  convention  from  New 
Jersey  cast  their  votes  for  General  Scott,  Mr.  Clay, 
taking  for  granted  that  this  was  done  by  the  advice 
of  Mr.  Southard,  openly  accused  him  of  hostility  to 
him.  I heard  the  late  Roswell  L.  Colt,  of  Paterson, 
say  he  was  present  when  Mr.  Clay  “ abused  him  shame- 
fully.” The  fact  was,  however,  that  Mr.  Southard  had 
no  part  in  the  matter.  Of  all  the  public  men  I 
have  known,  he  seemed  to  have  the  least  tact  and 
skill  as  a party  leader.  This  was  the  more  remark- 
able, because  he  was  always  a favorite  with  his  party. 
He  was  engaging  in  his  personal  intercourse,  and  was 
justly  considered  their  ablest  man;  but  he  had  no 
skill  as  an  organizer,  and  indeed  no  faculty  of  appre- 
ciating the  capabilities  of  others  as  party  leaders. 


232 


REMINISCENCES  OF  NEW  JERSEY. 


Returning  to  his  practice  at  the  bar,  when  he 
ceased  to  be  secretary  of  the  navy,  he  soon  had  a 
large  business.  He  cannot  be  said  to  have  been  a pro- 
foundly learned  lawyer,  but  he  was  a skillful  advocate, 
generally  clear  and  correct  in  his  conceptions,  seizing 
readily  the  strong  points  of  his  cause,  and  bringing 
them  forward  by  a distinct  and  lucid  statement,  and 
presenting  his  arguments  with  great  earnestness  and 
force.  His  voice  was  usually  pleasant,  and  had  great 
compass  and  power,  but  he  not  unfrequently  pitched 
his  tones  so  high  as  to  render  it  exceedingly  harsh 
and  disagreeable.  He  did  not  always  guard  his  prop- 
ositions with  due  care.  I remember  that  shortly 
after  he  was  first  made  senator,  I was  retained  to 
argue  an  admiralty  case  before  Judge  Washington, 
and  learning  that  I was  to  oppose  Southard,  I ex- 
pressed to  General  Wall  my  apprehensions  that  he 
would  be  too  strong  for  me.  Prompt  to  encourage  a 
beginner,  his  reply  was,  “ You  have  no  reason  to  be 
afraid  ; he  will  make  a strong  assault,  but  he  is  apt  to 
forget  that  in  a hard  combat  a shield  is  often  as  nec- 
essary as  a sword.”  I do  not  remember  the  particu- 
lars of  the  argument ; but  as  my  client  had  a decree 
in  his  favor,  I was  satisfied. 

In  1838  he  was  appointed  the  president  of  the 
Morris  Canal  and  Banking  Company,  and  from  that 
time  took  up  his  residence  in  Jersey  City.  It  is  not 
probable  that  he  possessed  any  special  financial 
ability,  or  that  the  directors  of  this  institution  ex- 
pected him  to  perform  any  onerous  duties  connected 
with  the  station.  But  he  had  a high  character  for 
integrity  and  ability,  and  was  now  universally  known 
and  respected  throughout  the  country ; character- 
istics for  which  it  was  thought  worth  while  to  give 


SAMUEL  L.  SOUTHARD. 


233 


him  a good  salary,  and  thus  obtain  the  benefit  of  his 
name  in  aid  of  an  institution  that  needed  the  sup- 
port of  a strong  pillar. 

He  died  at  the  house  of  his  wife’s  brother,  in  Fred- 
ericksburg, June  26,  1842,  having  been  obliged  by 
increasing  illness  to  leave  his  place  as  president  of 
the  senate  several  weeks  previously. 

Upon  his  death  becoming  known  to  Congress,  the 
usual  resolutions  of  respect  and  condolence  were 
adopted.  In  the  senate,  Mr.  King  of  Alabama,  after- 
wards elected  Vice-President  of  the  United  States, 
who  did  not  then  belong  to  the  same  party,  said  of 
him  with  much  feeling,  and  I believe  with  much  sin- 
cerity and  truth : — 

“It  has  been  my  fortune  for  many  years  to  be 
intimately  acquainted  with  the  distinguished  man 
whose  death  has  just  been  announced.  I have  known 
him  in  private  life,  and  can  bear  testimony  to  his 
kindness  of  heart,  amiableness  of  disposition,  and 
uniform  courtesy.  I have  known  him  in  public  sta- 
tions, and  can  with  the  same  truthfulness  testify  to 
his  courtesy,  and  the  ability  with  which  he  discharged 
the  various  trusts  confided  to  his  care.” 

The  most  felicitous  description  of  him  is  contained 
in  a letter  from  Rev.  Dr.  J.  W.  Alexander,  who  was 
several  years  pastor  of  the  Presbyterian  Church  in 
Trenton,  to  Dr.  Hall,  after  his  death  : — 

“ Samuel  L.  Southard  was  also  a member  of  the  congregation, 
and  a friend  of  all  that  promised  its  good.  More  sprightly  and  ver- 
satile than  Mr.  Ewing,  he  resembled  a tropical  tree  of  rapid  growth. 
Few  men  ever  attained  earlier  celebrity  in  New  Jersey.  This  per- 
haps tended  to  produce  a certain  character  which  showed  itself  in 
good  natured  egotism.  Mr.  Southard  was  a man  of  genius  and 
eloquence,  who  made  great  impressions  on  a first  interview,  or  by  a 
single  argument.  He  loved  society,  and  shone  in  company.  His 


234 


REMINISCENCES  OF  NEW  JERSEY. 


entertainments  will  be  long  remembered  by  the  associates  of  his 
youth. 

“ It  is  not  my  province  to  speak  of  his  great  efforts  at  the  bar ; 
he  was  always  named  after  Stockton,  Johnson,  and  Ewing,  and 
with  Frelinghuysen,  Wood,  Williamson,  and  their  coevals.  Having 
been  bred  under  the  discipline  of  Dr.  Finley,  at  Baskingridge,  he 
was  thoroughly  versed  in  Presbyterian  doctrine  and  ways,  loving 
and  preferring  this  branch  of  the  Church  to  the  day  of  his  death. 
Defection  from  its  ranks  gave  him  sincere  grief,  as  I am  ready  more 
largely  to  attest  if  need  be.  In  those  days  of  his  prime,  Mr. 
Southard  was  greatly  under  the  salutary  influence  of  the  chief 
justice,  who  was  his  mentor.  I think  he  felt  the  loss  of  this  great 
man  in  some  important  points.  So  earnestly  and  even  tenderly  did 
he  yield  himself  to  divine  impressions,  that  his  friends  confidently 
expected  that  he  would  become  a communicant.  During  this  period 
he  was  an  ardent  advocate  of  the  temperance  society,  then  in  its 
early  stage.  I remember  attending  a meeting  at  Lawrenceville,  in 
company  with  my  learned  friend,  the  present  chief  justice,  where 
Mr.  Southard,  following  Mr.  Frelinghuysen,  made  an  impassioned 
address  in  favor  of  abstinence  and  the  pledge.  In  regard  to  re- 
ligious things,  the  change  to  Washington  did  not  tend  to  increase 
solemnity  or  zeal.  I have  been  informed  that  Mr.  Southard  felt  the 
deep  impression  of  divine  truth  at  the  close  of  his  days.  As  a 
young  minister,  I received  from  him  the  affectionate  forbearance  of 
an  elder  brother,  and  I shall  always  cherish  his  memory  with  love.” 

Elias  P.  Seeley  was  chosen  by  the  joint  meeting 
governor  in  March,  1833,  upon  the  election  of  Gov- 
ernor Southard  to  be  senator,  and  held  the  office  un- 
til the  fall  of  that  year,  when  the  Jackson  party 
obtained  a majority  of  the  legislature,  and  Mr.  Yroom 
became  governor.  Mr.  Seeley  was  the  descendant 
of  one  of  the  Puritan  settlers  of  Fairfield,  Cumber- 
land County,  who  came  there  from  Connecticut  about 
the  year  1698.  His  father  removed  when  he  was  a 
child,  to  Bridgeton,  held  many  county  offices,  and  was 
several  times  a member  of  the  Assembly  and  council 
of  the  State. 


ELIAS  P.  SEELEY. 


285 


Governor  Seeley  was  a fellow-student  with  me  in 
the  office  of  Daniel  Elmer,  Esq.,  and  was  licensed  as 
an  attorney  at  the  same  time  that  I was,  in  May, 
1815.  He  had  but  a limited  education,  and  never 
attained  to  much  celebrity  as  an  advocate,  but  had 
a good  local  practice  as  an  attorney  and  conveyancer, 
and  was  very  highly  esteemed  by  his  fellow-citizens. 
He  became  a member  of  the  legislative  council  in 
1829,  was  reelected  for  three  or  four  successive  years, 
and  in  1832  was  chosen  the  vice-president  of  that 
body. 

While  he  held  the  office  of  governor  and  chan- 
cellor, he  delivered  several  opinions  in  equity  cases 
argued  before  him;  but  none  of  them  have  been 
printed.  The  most  important  case  argued  before 
him  was  the  celebrated  Quaker  case,  which  com- 
menced on  the  appeal  from  the  decree  of  the  chan- 
cellor, in  the  court  of  appeals,  of  which  he  was  as 
governor  the  presiding  officer,  in  July,  1833,  and  con- 
tinued more  than  a month,  nine  days  being  consumed 
in  the  reading  of  the  evidence.  The  counsel  were 
Ganet  D.  Wall  and  Samuel  L.  Southard  for  the  ap- 
pellants (the  party  designated  as  the  Hickites),  and 
George  Wood  and  Theodore  Frelinghuysen  for  the 
Orthodox.  The  result  was  that  the  original  decree 
was  affirmed,  seven  of  the  judges,  including  Governor 
Seeley,  being  for  affirmance,  and  four  for  reversal. 
Upon  announcing  the  decision,  however,  by  order  of 
the  court,  he  read  a carefully  prepared  recommendation 
that  the  litigant  parties  should  make  an  amicable 
compromise,  in  regard  to  the  property  in  dispute  and 
the  other  property  held  by  the  society ; and  this 
recommendation  was  subsequently  carried  out  by  a 
special  law,  which  still  remains  on  the  statute  book, 


r 


236  REMINISCENCES  OF  NEW  JERSEY. 

whereby  it  was  enacted  that  the  rights,  estates,  prop- 
erty, and  privileges  of  the  members  of  the  unin- 
corporated Society  of  Friends  in  this  State  should 
not  be  hurt,  or  in  any  way  affected,  by  the  division 
and  separation  which  had  occurred ; and  doubtful  as 
the  constitutional  efficacy  of  this  act  may  be,  there 
has  been  no  attempt  to  impugn  its  provisions. 

Mr.  Seeley  was  in  subsequent  years  several  times 
a member  of  the  legislature.  He  died  in  1846,  at  the 
comparatively  early  age  of  fifty-five. 


CHAPTER  VIII. 


GOVERNORS  I HAVE  KNOWN. 

WILLIAM  PENNINGTON.  PHILEMON  DICKERSON.  DANIEL  HAINES. 


Y^ILLIAM  PENNINGTON,  governor  and  chancel- 
lor from  1837  to  1843,  was  the  son  of  Governor 
William  S.  Pennington,  and  was  born  Newark  in 
1790.  After  the  usual  preparatory  education  in  the 
schools  of  his  native  city,  he  entered  Princeton  Col- 
lege, and  graduated  at  that  institution  in  the  year 
1813.  He  studied  law  as  the  pupil  of  Theodore  Fre- 
linghuysen,  and  in  his  after  life  was  accustomed  to 
acknowledge  with  deep  feeling  the  benefit  of  his  in- 
structions and  example.  He  was  licensed  as  an  attor- 
ney in  1817,  as  a counselor  in  1820,  and  in  1834  was 
called  to  be  a sergeant  at  law. 


Continuing  to  reside  in  Newark,  he  soon  married 
an  estimable  lady,  a descendant  of  Dr.  William  Bur- 
net, surgeon-general  of  the  army,  with  whom  he  lived 
more  than  forty  years  a happy  husband  and  father, 
and  who  still  survives.  I became  acquainted  with 
him  in  1824,  when  I entered  upon  the  duties  of 
United  States  attorney  for  New  Jersey,  and  found  him 
clerk  of  the  circuit  and  district  courts.  We  were 
thus  thrown  for  several  years  into  very  intimate  in- 
tercourse, and  became  attached  friends  as  long  as  he 
lived.  Never  did  I meet  a more  genial  companion,  or 


238 


REMINISCENCES  OF  NEW  JERSEY. 


a more  desirable  associate.  Adopting  the  admirable 
estimate  of  his  character  contained  in  the  funeral 
discourse  of  his  pastor,  Rev.  Dr.  Poor,  I can  say,  “He 
was  an  honorable  man,  standing  in  the  foremost  rank 
of  those  who  merit  that  appellation.  Honorable  was 
the  title  he  wore  in  virtue  of  the  official  stations  which 
he  from  time  to  time  occupied ; but  men  when  they 
called  him  by  that  title  never  sneered  as  they  some- 
times do  in  other  cases,  thinking  what  a satire  it  is 
upon  the  littleness  of  those  who  so  often  happen  to 
acquire  it.  They  gave  it  him  cordially.  They  felt  it 
belonged  to  him  by  more  than  human  right ; the  fit- 
ting prefix  to  a stately  name,  and  the  appropriate 
designation  of  a noble  character,  thinking  more  of 
his,  manly  worth  than  of  his  official  station.  And 
how  much  there  was  in  him  that  went  to  warrant  the 
title.  The  fundamental  qualities  of  his  nature,  those 
elements,  I mean,  which  formed  the  real  stuff  of  the 
man,  and  rendered  him  peculiarly  what  he  was,  and 
earned  for  him  his  distinction,  were,,  as  I conceive, 
sound  practical  common  sense,  cautious  judgment, 
thorough  sincerity,  integrity  of  purpose,  quick  intui- 
tive perceptions  of  and  a strong  regard  for  the  right, 
all  strengthened  and  regulated  by  a profound  convic- 
tion of  the  truth  and  reality  of  religion,  a conviction 
which  obtained  in  him  with  singular  force,  long  before 
he  professed  a vital  faith  in  Christianity,  which  rend- 
ered him  from  the  first  a habitual  attendant  on  divine 
worship,  and  a considerate  respecter  of  sacred  things. 
These  powers  and  virtues  formed  the  underlying 
granite  of  the  man.  They  were  not  acquired,  but 
innate  qualities ; habits,  in  the  old  sense  of  the  term, 
which  showed  themselves  spontaneously  and  gave  him 
his  peculiar  type,  and  laid  the  foundation  for  future 
attainments  and  distinction.” 


WILLIAM  PENNINGTON. 


239 


It  was  almost  a matter  of  course  that  such  a man 
should  soon  have  a respectable  practice  as  a lawyer. 
Residing  as  we  did  in  different  parts  of  the  State,  and 
never  attending  the  same  circuits,  I did  not  come  into 
contact  with  him  in  the  trial  of  causes ; but  I knew 
that  his  course  was  all  the  time  upwards.  He  had 
mastered  the  great  principles  of  the  law,  but  was  not 
a diligent  student,  nor  at  all  disposed  to  pay  atten- 
tion to  the  minutiae  of  the  profession.  I remember 
saying  to  him  familiarly,  after  he  had  been  some  time 
chancellor,  that  he  might  adorn  his  opinions  with  a 
little  more  display  of  learning.  His  reply  was  : “ I 
am  more  concerned  to  decide  rightly  than  to  display 
learning.  When  I had  finished  my  studies  with  Mr. 
Frelinghuysen,  he  said  to  me  one  day,  1 William,  now 
you  must  apply  yourself  diligently  to  your  books;’ 
but  I replied,  ‘ Mr.  Frelinghuysen,  I think  I shall  try 
with  how  little  learning  I can  get  along;  and  then 
turning  to  me,  he  added,  “ Don’t  you  think  I have 
succeeded  pretty  well  ? ” He  did  succeed  remarkably 
well,  having  industry,  enough,  to  study  the  facts  and 
law,  and  sagacity  to  lay  hold  of  and  fully  understand 
the  substantial  merits  of  the  cases  brought  before 
him. 

The  Pennington  family,  I believe  without  excep- 
tion, as  well  as  many  others  of  the  leading  Democrats, 
were  supporters  of  John  Quincy  Adams  as  against 
Jackson.  When  in  the  progress  of  events  the  friends 
of  Jackson  became  identified  with  the  mass  of  the 
Democrats,  and  however  before  named  were  ranked 
as  members  of  the  great  democratic  party,  the  result 
was  that  most  of  the  before  Democrats  who  supported 
Adams  ceased  to  belong  to  that  party,  and  with  such 
of  the  old  Federalists  as  adhered  to  him,  composing  in 


240 


REMINISCENCES  OF  NEW  JERSEY. 


fact  the  majority  of  them,  formed  a new  party,  which 
first  asumed  the  name  of  National  Republicans,  and 
in  1834  of  Whigs.  William  Pennington  belonged  to 
this  party,  and  for  several  years  was  the  acknowledged 
leader  of  the  Whigs  in  this  State,  a position  for  which 
he  was  peculiarly  fitted. 

It  was  not  until  the  jealousy  of  some  of  that  party, 
who  aspired  to  be  leaders,  had  to  some  extent  dis- 
placed him  from  that  position,  that  they  ceased  to 
rule  the  State.  He  supported  the  Republicans,  in 
spite  of  his  objection  to  Fremont,  — his  distrust  of 
whom  subsequent  developments  "showed  to  be  well 
founded,  because  of  his  attachment  to  Mr.  Dayton,  the 
candidate  for  vice-president,  and  of  his  alienation  for 
so  many  years  from  the  Democrats. 

In  the  year  1828  he  represented  the  County  of 
Essex  in  the  Assembly.  In  the  fall  of  1837,  after 
Jackson  had  ceased  to  be  president,  and  was  suc- 
ceeded by  Mr.  Van  Buren,  the  Whigs  having  obtained 
a majority  of  the  members  of  the  legislature,  selected 
Pennington  as  governor.  He  was  reelected  every 
year  until  1843,  when  the  Democrats  again  prevailed, 
and  he  was  superseded  by  Daniel  Haines,  the  last  gov- 
ernor elected  by  the  joint  meeting,  who  held  the  office 
until  the  adoption  of  the  new  constitution  in  1845, 
which  required  the  governor  to  be  chosen  by  a pop- 
ular vote,  and  separated  the  office  of  chancellor  from 
that  of  governor.  The  agitation  of  the  question  of 
modifying  the  defective  Constitution  of  1776,  favored 
by  most  of  the  Democrats,  and  opposed,  or  at  least 
disliked,  by  most  of  the  Whigs,  had  much  to  do  with 
the  change.  For  the  last  forty  years  New  Jersey  has 
been  a doubtful  State  as  to  politics,  a seemingly  un- 
important matter  often  producing  a change ; and  this 


WILLIAM  PENNINGTON. 


241 


is  probably  a great  advantage,  since,  as  politics  are 
managed  in  the  United  States,  nothing  acts  as  so  re- 
liable a check  upon  the  despotic  measures  a great 
majority  are  always  prone  to  adopt,  as  the  fear  of 
losing  their  power.  Indeed  I think  the  early  as  well 
as  the  later  history  of  our  country  has  shown,  that 
notwithstanding  the  great  pains  taken  by  the  framers 
of  our  excellent  constitution,  so  to  arrange  the  bal- 
ance of  powers  in  the  general  government  as  to  pre- 
vent a triumphant  popular  majority  from  oppressing 
the  minority,  they  succeeded  very  imperfectly. 

During  the  six  years  he  sat  as  chancellor  and  judge 
of  the  prerogative  court,  his  decisions  gave  general 
satisfaction.  He  took  a common  sense  view  of  the 
cases  brought  before  him,  an(J  discerned  the  true 
equity  between  the  parties  with  intuitive  sagacity. 
But  one  of  his  decrees  was  overruled  in  the  court  of 
appeals,  and  that  was  heard  after  he  ceased  to  pre- 
side, and  turned  on  very  doubtful  questions,  — the 
weight  of  legal  opinion  being  in  favor  of  his  decision. 
Probably  no  man  that  ever  acted  as  the  presiding  offi- 
cer of  the  old  court  of  errors  exercised  such  a control- 
ling influence  over  its  decisions  as  he  did.  The  purity 
of  his  motives  was  never  questioned.  His  opinions 
are  reported  in  the  first  and  third  volumes  of  Green’s 
Chancery  Reports,  and  are  models  of  condensed  and 
lucid  exposition.  When  research  was  absolutely  nec- 
essary he  did  not  shrink  from  the  duty,  but  ordi- 
narily he  contented  himself  with  that  obvious  view  of 
the  case  which  served  to  show  on  which  side  exact 
justice  required  the  decision.  In  the  case  of  the  will 
s of  Abraham  Coursens,  3 Green  C.  R.  410,  he  made  an 
elaborate  examination  of  the  jurisdiction  and  power 

of  the  governor,  as  ordinary  and  surrogate  general, 
16 


242 


REMINISCENCES  OF  NEW  JERSEY. 


and  of  the  orphans’  courts  and  surrogates’,  and  set- 
tled their  respective  boundaries  in  a manner  entirely 
satisfactory.  During  the  time  he  was  chancellor,  pre- 
ferring to  confine  myself  mainly  to  a home  practice 
I had  ceased  to  be  a regular  attendant  of  the  courts 
at  Trenton,  and  therefore  argued  but  few  cases  before 
him ; but  I continued  to  be  intimate  with  him,  and 
know  that  he  gave  great  satisfaction  as  a judge  to  the 
bar  and  to  suitors. 

In  the  execution  of  his  duties  as  governor,  a cir- 
cumstance occurred  which  exposed  him  to  much  un- 
just obloquy  and  reproach  from  some  of  his  political 
opponents.  The  congressional  election  of  1838  was 
warmly  contested  throughout  the  Union,  and  in  New 
Jersey  the  contest  \^as  very  severe  and  close.  Six 
members  were  to  be  elected  by  a general  ticket,  and 
in  two  of  the  counties  the  clerks  had  rejected  some 
of  the  townships’  returns,  for  real  or  alleged  defi- 
ciencies in  the  form  of  the  certificates  of  election,  or 
in  the  time  of  delivering  them.  The  omission  of  the 
votes  in  these  townships  gave  to  five  of  the  Whig  can- 
didates majorities  which  they  would  not  obtain  if  all 
the  votes  were  counted ; one  of  the  Whig  candidates 
(Joseph  F.  Randolph,  afterwards  justice  of  the  su- 
preme court)  having  run  a little  ahead  of  his  ticket, 
was  elected  beyond  dispute.  As  the  election  law  of 
the  State  then  was,  it  became  the  duty  of  the  gov- 
ernor, with  the  aid  of  his  privy  council,  to  cast  up 
the  number  of  votes  for  each  candidate,  and  deter- 
mine the  six  persons  who  had  the  greatest  number 
of  votes,  which  persons  he  was  directed  forthwith  to 
commission,  under  the  great  seal  of  the  State,  to  rep- 
resent the  State  in  the  house  of  representatives.  In 
the  fulfillment  of  this  duty,  the  governor  commis- 


WILLIAM  PENNINGTON. 


243 


sioned  all  the  six  Whig  candidates,  who,  according  to 
the  certificates  before  him,  had  the  greatest  number 
of  votes.  There  was  at  that  time  no  provision  in  the 
law  authorizing  him  or  the  clerks  to  take  any  meas- 
ures for  correcting  the  returns,  so  that  it  became  his 
duty  to  act  upon  those  delivered  to  him.  This  pro- 
ceeding was  substantially  in  accordance  with  a subse- 
quent decision  of  the  supreme  court  in  the  case  of 
the ’State  vs.  The  Governor,  1 Dutcher  R.  332. 

When  the  Congress  convened,  parties  were  so 
nearly  divided  that  it  became  manifest  that  the  ma- 
jority would  be  determined,  and  the  election  of  a 
speaker  and  the  consequent  organization  of  the  com- 
mittees, would  depend  upon  the  votes  of  the  five 
members  from  New  Jersey.  No  law  existed  regulat- 
ing the  mode  of  organizing  the  house.  Under  these 
circumstances,  the  clerk  of  the  previous  Congress, 
who  by  the  rules  of  the  house  continued  in  office 
until  his  successor  was  chosen,  made  up  a roll  of  the 
members,  and  called  them  in  order.  Upon  this  oc- 
casion he  was  a Democrat,  and  when  he  had  called 
the  name  of  Mr.  Randolph,  he  paused,  and  proposed, 
if  it  were  the  pleasure  of  the  house,  to  pass  over  the 
names  of  the  five  whose  right  to  seats  was  to  be  con- 
tested, the  circumstances  attending  whose  election 
and  obtaining  commissions  were  well  known,  and  in- 
deed manifested  by  authentic  official  documents  in 
the  hands  of  the  clerk,  until  the  members  of  the 
remaining  States  should  have  been  called.  A stormy 
and  disorderly  debate  ensued,  which  continued  sev- 
eral days,  and  ended  by  the  choice  of  John  Quincy 
Adams  as  temporary  chairman,  a situation  he  ac- 
cepted. Upon  a motion  to  call  only  the  names  of  the 
undisputed  members,  he  decided,  that  those  holding 


244 


REMINISCENCES  OF  -NEW  JERSEY. 


the  commissions  could  vote ; but  this  being  appealed 
from  his  decision  was  reversed  by  a vote  of  one  hun- 
dred and  fourteen  to  one  hundred  and  eight,  and  it 
was  finally  carried  that  only  the  names  of  the  mem- 
bers whose  seats  were  uncontested  should  be  called, 
and  that  the  members  thus  called  should  be  a quorum 
to  settle  the  claims  of  members.  The  result  was, 
that  on  the  twelfth  day  of  the  session,  Robert  M.  T. 
Hunter,  of  Virginia,  a compromise  candidate,  was 
chosen  speaker,  having  received  one  hundred  and 
nineteen  votes,  against  fifty-five  for  J.  W.  Jones,  the 
democratic  candidate.  On  the  28th  of  February  the 
five  democratic  members,  namely,  Philemon  Dicker- 
son,  Peter  D.  Vroom,  Daniel  B.  Ryall,  William  R. 
Cooper,  and  Joseph  Kille,  were  admitted  to  take 
their  seats  by  a vote  of  one  hundred  and  eleven  to 
eighty-one;  and  afterwards,  in  July,  a large  amount 
of  testimony  having  been  taken,  filling  a volume  of 
nearly  seven  hundred  pages,  the  committee  reported 
that  the  sitting  members  were  duly  elected,  which 
was  agreed  to  by  a vote  of  one  hundred  and  two  to 
twenty-two. 

Thus  ended  this  contest,  so  far  as  Congress  was 
concerned ; but  much  continued  to  be  urged  in  this 
State,  on  both  sides  of  the  “ broad  seal  war,”  as  it  was 
called,  for  several  years.  As  the  case  stood,  both 
parties  were  about  equally  wrong : the  Whigs  by  in- 
sisting, as  they  did  with  great  earnestness,  that  the 
refusal  of  their  seats  to  those  who  held  commissions 
under  the  “ broad  seal  ” of  the  State  was  a great  indig- 
nity to  the  people  of  that  State ; and  the  Democrats 
by  their  clamor  against  the  governor  for  granting 
those  commissions.  The  governor  had  no  option  but 
to  issue  the  commissions,  as  he  did ; but  for  the 


WILLIAM  PENNINGTON. 


245 


house  of  representatives  to  allow  its  organization  to 
be  radically  changed  by  admitting  members  who  had 
not  received  a majority  of  the  votes,  as  fully  appeared 
by  undisputed  documentary  evidence,  would  have  been 
a blunder  which  no  party  could  be  expected  to  make. 
One  good  result  was  the  passing  of  a new  election 
law  for  this  State,  which  remedies  most  of  the  defects 
in  the  old  law,  and  renders  another  broad  seal  war 
much  less  likely  to  occur. 

At  the  time  he  received  the  appointment  of  gov- 
ernor, and  was  thus  obliged  to  abandon  his  profession 
for  a time,  Mr.  Pennington  had  an  excellent  practice 
as  a lawyer.  I heard  him  say  that  he  had  at  least  a 
hundred  suits  in  different  stages  of  progress.  When 
he  ceased  to  be  governor,  he  resumed  his  business, 
and  was  soon  fully  employed,  although  in  some  re- 
spects in  a different  class  of  cases.  He  was  now 
much  relied  upon  for  the  argument  of  causes  at  the 
bar  of  the  supreme  court  and  in  the  court  of  errors. 
He  was  always  listened  to  with  much  interest,  sel- 
dom failing  to  seize  the  strong  points  of  his  case  and 
to  urge  them  with  great  force.  He  was  one  of  the 
counsel  in'  the  Meeker  will  case,  a celebrated  cause 
which  for  years  engaged  the  attention  of  the  prerog- 
ative and  supreme  courts  of  the  State  and  the  circuit 
court  of  the  United  States,  the  will  being  sustained 
by  the  supreme  court,  and  rejected  as  spurious  by 
the  jury.  The  most  important  cause  in  which  he 
was  engaged  after  I had  a seat  on  the  bench  was 
that  of  Gifford  vs.  Thorn,  1 Stock.  C.  R.  702. 

This  was  indeed  one  of  the  most  remarkable  causes 
ever  brought  before  the  courts  of  this  State,  not  only 
for  the  large  amount  of  money  involved,  but  for  the 
difficult  questions  of  law  and  fact  upon  which  it 


246 


REMINISCENCES  OF  NEW  JERSEY. 


turned.  It  grew  out  of  the  will  of  William  Jauncy, 
an  Englishman,  made  in  New  York  in  the  year  1828, 
which  came  before  the  court  of  chancery  of  New 
Jersey,  in  consequence  of  the  residence  in  this  State 
of  one  of  Jauncy’s  executors,  and  the  complainant. 
The  residue  of  a large  estate  amounting  to  millions, 
was  bequeathed  to  the  oldest  son  of  an  illegitimate 
daughter  of  the  testator’s  brother,  “ when  he  arrives 
to  the  age  of  twenty-one  years,  to  him  and  his  heirs' 
forever.” 

This  son  was  sent  to  one  of  the  universities  of 
England,  and  there  broke  his  neck  in  a steeple  chase 
before  he  reached  the  age  of  twenty-one.  This  raised 
the  question  whether  the  legacy  was  vested  so  as  to 
descend  to  the  youth’s  father,  or  was  lapsed  so  as  to 
go  to  the  representatives  of  the  testator,  of  whom 
there  were  several,  related  to  him  only  remotely. 
The  person  of  whose  estate  Gifford,  the  complainant, 
was  the  administrator,  in  her  life-time,  and  twelve 
years  before  her  death,  executed  a release  for  her 
share  of  the  estate  in  consideration  of  six  thousand 
dollars,  paid  according  to  her  directions.  The  bill 
was  filed  to  set  aside  this  release,  upon  the  allegation 
that  she  was  incompetent  to  understand  what  she 
was  doing,  and  was  imposed  upon,  and  by  threats 
and  other  improper  influences  induced  to  take  a 
small  sum  of  money,  instead  of  the  two  or  three  hun- 
dred thousand  dollars  to  which  she  was  entitled. 
Chief  Justice  Green,  who  sat  for  the  chancellor,  held 
that  the  legacy  lapsed  by  the  death  of  the  legatee, 
so  as  to  go,  not  to  his  representatives,  but  to  those 
of  the  testator;  but  upon  the  facts  of  the  case,  re- 
fused to  set  aside  the  release,  and  dismissed  the  bill. 

When  the  case  came  on  for  argument  before  the 


WILLIAM  PENNINGTON. 


247 


court  of  appeals,  Whitehead  and  Wood  were  heard 
for  the  appellant,  and  Pennington  and  Charles  O’Con- 
ner of  New  York  for  the  appellees.  Seldom  if  ever 
has  a case  been  argued  with  more  ability.  Each  of 
the  counsel  were  allowed  a full  day,  and  all  of  them 
made  uncommon  efforts  to  succeed.  Mr.  O’Conner 
confined  himself  almost  entirely  to  the  legal  ques- 
tions, as  to  which  the  decision  was  against  him. 
Pennington  dwelt  mainly  on  the  facts,  and  succeeded 
in  placing  them  before  the  court  in  a light  favorable 
to  his  clients,  and  in  convincing  the  judges  that  the 
decree  of  the  chancellor  should  be  affirmed.  His 
argument  was  of  great  power  and  excellence.  It  is 
proper  to  remark,  however,  that  the  main  fact  which 
turned  the  scale  in  his  favor,  was  the  deliberate  ac- 
quiescence of  the  deceased  lady  in  what  she  had  done, 
for  so  long  a time  after  she  had  known  all  the  impor- 
tant facts  of  the  case,  and  had  every  opportunity  of 
consulting  those  best  qualified  to  advise  her. 

The  great  popularity  and  wonderful  good  sense  of 
Governor  Pennington  made  him,  as  has  been  before 
remarked,  the  best  leader  of  the  Whig  party  they 
ever  had  in  the  State.  But  it  happened  in  his  case, 
as  in  some  others,  that  there  were  in  his  district 
some  gentlemen  of  his  party  who  thought  they  had 
been  kept  in  the  background  long  enough,  and  as- 
pired to  be  leaders  themselves,  and  no  longer  to 
remain  among  the  led.  The  consequence  was,  that 
at  the  election  for  a member  of  Congress  , in  1843, 
these  persons  nominated  a Whig  in  opposition  to  the 
regular  candidate  of  that  party,  who,  it  was  alleged, 
although  I believe  untruly,  had  been  nominated 
through  the  Pennington  interest;  and  the  Democrats 
falling  in  with  this  movement,  succeeded  in  defeat- 


248 


REMINISCENCES  OF  NEW  JERSEY. 


ing  the  regular  candidate.  On  this  occasion,  the 
Pennington  name  was  severely  attacked,  although 
he  who  stood  at  its  head  was  not  personally  assailed, 
so  that  it  may  be  said  with  truth,  that  although  at 
one  time  the  Pennington  name  was  made  unpopular, 
he  himself  never  was.  In  the  end,  as  might  be  ex- 
pected, most  of  the  bolters,  and  among  them  their 
candidate,  became  entirely  alienated  from  the  Whig 
party. 

When,  in  consequence  of  the  change  made  by  the 
new  constitution,  it  became  necessary  for  the  gov- 
ernor to  nominate  a chancellor  in  1845,  it  was  sup- 
posed by  many  of  Pennington's  friends,  and  I have 
reason  to  know  desired  by  himself,  that  he  should  be 
restored  to  that  position.  But  other  counsels  pre- 
vailed, and  he  never  again  held  any  important  state 
office.  In  1850,  while  Fillmore  was  president,  he 
had  some  expectation  of  being  appointed  minister 
at  one  of  the  European  courts,  but  the  appointment 
of  William  B.  Kinney  to  Turin  prevented  his  suc- 
cess. He  was  offered  the  place  of  governor  of*  the 
Territory  of  Minnesota,  but  this  he  declined. 

In  the  year  1858,  however,  when  the  political 
troubles  in  his  congressional  district  had  mainly  come 
to  an  end,  in  spite  of  the  fact  that  he  had  perempto- 
rily declined  a nomination,  he  was  found  to  be  the 
only  man  that  could  command  general  acquiescence, 
and  he  was  elected  a member  of  the  thirty-sixth  Con- 
gress. He  had  little  expectation  of  taking  a promi- 
nent part  in  that  body.  In  this  he  was  greatly  dis- 
appointed, for  wffien  the  body  convened  in  December, 
1859,  it  appeared  that  parties  were  so  distracted,  and 
the  contest  between  the  South  and  the  North  had 
assumed  such  a threatening  aspect,  that  for  a time 


WILLIAM  PENNINGTON. 


249 


there  seemed  to  be  very  little  prospect  of  a peacea- 
ble organization  of  the  house.  But  after  a memora- 
ble contest  of  nearly  two  months,  William  Penning- 
ton was  selected  as  speaker.  This  was  certainly 
strong  testimony  of  his  character,  coming  as  it  did 
from  a body  of  men,  very  few  of  whom  knew  him 
personally,  or  had  any  experience  of  his  qualifications 
to  fill  a position  so  difficult  and  so  important. 

It  was  universally  conceded  that  for  fairness  and 
impartiality,  and  for  wise  conciliation,  he  had  no  su- 
perior. That  he  was  well  skilled  in  the  administra- 
tion of  a set  of  rules  very  complex  in  themselves, 
and  difficult  to  understand,  could  not  be  affirmed. 

He  had  never  been  a member  of  Congress  before, 
and  the  wonder  was  that  he  succeeded  so  well  as  he 
did.  In  a conversation  I had  with  him  in  reference 
to  some  of  his  difficulties,  he  mentioned  as  character- 
istic of  the  dispositions  of  some  of  the  prominent 
men,  that  having  decided  a perplexing  question  of 
order,  thought  by  his  political  friends  to  be  of  con- 
siderable importance,  in  opposition  to  the  views 
urged  by  most  of  the  Whigs,  he  placed  a friend  in 
the  chair,  and  retired  to  his  private  room  while  the 
question  remained  in  such  a situation  that  he  could 
alter  his  decision  if  convinced  he  was  wrong.  Send- 
ing for  Mr.  Grow,  who  had  been  speaker  before,  and 
consulting  him,  he  said  at  once,  “You  are  clearly 
wrong,  sir.”  Mr.  Sherman,  on  being  consulted,  quite 
as  decidedly  said  he  was  right,  and  should  adhere  to 
his  decision.  Mr.  Colfax,  upon  being  consulted,  said 
he  thought  it  a doubtful  question,  upon  which  much 
might  be  said  on  both  sides. 

Governor  Pennington  was  distinguished  for  good 
humored  pleasantry,  often  rising  to  wit,  and  this 


250 


REMINISCENCES  OF  NEW  JERSEY. 


characteristic  manifested  itself  very  prominently  in 
his  public  speaking,  especially  in  his  political  ad- 
dresses. It  is  impossible  to  repeat  his  many  good 
sayings,  so  as  to  give  even  a faint  idea  of  their  apt- 
ness and  humor,  without  the  aid  of  his  voice  and 
manner.  Two  or  three  of  his  conversational  remarks 
it  may  be  pleasant  to  recall.  When  asked  what  was 
doing  at  the  court-house,  he  answered : “ C.  (one  of 
the  lawyers)  tried  for  half  an  hour,  without  success, 
to  split  a hair ; and  when  I left,  H.  was  firing  away 
at  a barn  door,  but  never  once  hit  it.”  Speaking 
of  our  two  senators,  he  shrewdly  characterized  them 
by  saying  : “ If  they  are  engaged  only  in  cutting  down 
small  trees,  Miller  will  fell  them  fastest;  but  when 
they  come  to  a big  tree  he  will  have  to  give  place  to 
Dayton.”  Being  asked  his  opinion  of  the  characters 
of  two  prominent  gentlemen  who  were  opposed  to 
him  in  politics,  after  speaking  very  favorably  of  both, 
he  remarked,  “But  if  I was  on  my  back,  awaiting 
execution  for  a political  offense,  with  the  guillotine 
ready  to  fall,  and  I should  see  one  of  them  [whom  he 
named]  coming  towards  me,  I should  shut  my  eyes  in 
utter  despair,  my  doom  would  be  certain ; but  if  I 
saw  the  other  near  me,  I should  have  hope,  and  feel 
pretty  sure  that  he  would  find  some  way  to  relieve 
me.” 

Adopting,  as  expressing  my  own  sentiments,  a 
communication  from  our  mutual  friend  Cortlandt 
Parker,  I can  say  of  him  that 

“ Physically,  he  was  a most  imposing  man.  About  six  feet  two 
inches  high,  well  proportioned,  with  regular  features,  an  eye  serious, 
kind,  and  beaming  with  good  nature.  It  was  truly  said  of  him  in 
one,  of  the  notices  of  his  death,  that  ‘ manliness,  genial  good  humor, 
and  dignity,  shone  throughout  his  demeanor.’  But  to  pursue  the 


WILLIAM  PENNINGTON. 


251 


language  of  the  same  notice,  written  by  one  who,  if  he  loved  him 
dearly,  yet  knew  him  well,  ‘ the  real  worth  of  the  man  lay  in  quali- 
ties beneath  this  pleasing  surface.  They  were,  morally,  his  thor- 
ough reliability,  and  intellectually,  a wonderful  common  sense; 
what  Locke  calls  large,  roundabout  common  sense,  improved  till  it 
seemed  instinct  rather  than  intellect.  We  speak  of  it  as  a wonder- 
ful common  sense.  And  so  it  was.  We  have  seen  no  other  man 
possessing  it  in  equal  degree.  Nor  could  any  amount  of  learning, 
industry,  or  ability,  invest  a public  man  with  a firmer  and  more  in- 
fluential grasp  upon  the  hearts  and  minds  of  his  fellow-men,  than 
through  this  faculty  he  attained.  It  was  everywhere  the  secret  of 
his  success.  In  the  forum,  there  was  no  jury  which  could  resist  the 
effect  of  views  so  like  pure  and  unsophisticated  wisdom,  expressed 
with  such  transparent  honesty  of  manner.  Popular  assemblies  de- 
lighted in  his  every  word,  and  seemed  to  abjure  criticism  of  style 
and  diction,  in  their  conviction  that  everything  he  said  was  just 
right.  The  bench  was  always  enlightened  by  his  clear,  though 
peculiar  elucidation  of  the  law  of  his  cases ; and  the  common  mind 
in  daily  life,  believed  in  him  implicitly.’ 

“ Such  a man  was  eminently  calculated  for  chancellor ; and  he 
was  extremely  successful  in  that  high  office.  But  one  of  his  decis- 
ions was  ever  reversed,  and  that  the  bar  in  general  indorsed  as  cor- 
rect. He  had  almost  a contempt  for  form.  He  disliked  labor,  and 
was  not  distinguished  for  research.  But  his  instinctive  common 
sense  carried  him  right;  and  his  opinions,  couched  in  a peculiar, 
almost  epigrammatic  style,  full  of  pith,  convince  the  reader  that 
what  he  decided  ought  to  be  law,  if  it  is  not. 

“ He  was  a man  of  great  tact,  an  excellent  man  of  business,  and 
safely  trusted  as  an  adviser,  or  to  hold  and  manage  property.  He 
was  full  of  anecdote,  both  in  public  efforts  and  conversation,  and 
gained  many  a cause  by  a felicitous  story.  His  career  is  not  exactly 
valuable  as  an  example,  for  certainly  no  one  could  learn  to  be  like 
him.  If  ever  character  was  born,  his  was.” 

In  the  language  of  his  pastor,  it  is  further  to  be 
said  of  him, — 

“ Few  shrunk  more  sensitively  from  the  infliction  of  pain,  and  few 
were  capable  of  being  more  powerfully  aroused  by  the  sight  or  sense 
of  wrong.  And  if  at  any  time  the  stronger  impulses  of  feeling, 
which  few  suspected  to  be  lying  beneath  that  courteous,  self-possessed 
demeanor,  broke  out,  as  they  sometimes  did,  into  the  utterance  of 


252 


REMINISCENCES  OF  NEW  JERSEY. 


unkind  words  towards  any,  no  man  was  more  quick  to  repair  the 
injury ; and  the  very  gentleness  of  the  manner  in  which  the  apology 
would  be  rendered  was  sure  to  make  it  the  occasion  of  drawing  to 
him  a deeper  respect  and  a warmer  friendship.  In  fact  he  was  a 
person  of  remarkable  sentiment ; and  none  could  be  an  inmate  of 
his  family  without  being  struck  with  the  graceful  ways  in  which  this 
sentiment  of  his,  as  a husband,  a father,  a brother,  and  friend  was 
continually  showing  itself.  It  made  his  home  a home  for  the  heart ; 
there  he  aimed  to  rule  by  love,  and  love  alone.  Severity  was  painful 
to  him,  and  great  must  be  the  fault  that  would  bring  him  to.  mani- 
fest it.” 

Governor  Pennington  died  in  February,  1862,  his 
death  being  hastened,  if  not  produced,  by  a large  dose 
of  morphine,  administered  through  the  mistake  of  an 
apothecary.  He  died  the  death  of  a Christian,  pre- 
pared by  faith  in  Christ  for  the  great  change.  Dur- 
ing all  his  life  he  was  an  habitual  attendant  on  divine 
worship,  and  often,  as  I had  occasion  to  know,  seemed 
on  the  point  of  giving  his  heart  to  God,  and  of  mak- 
ing a formal  profession  of  religion.  But  it  was  not 
until  a few  years  before  his  death  that  he  did  this. 
The  statement  of  his  pastor,  in  his  funeral  discourse, 
gives  us  the  most  reliable  account  of  his  religious 
course,  in  respect  to  which  he  could  speak  from  per- 
sonal knowledge  : — 

“ When  the  question  was  raised,  as  to  the  formation  of  the  High 
Street  congregation,  in  1849,  he  was  induced  to  withdraw  from  the 
First  Presbyterian  congregation,  where  he  had  long  occupied  posi- 
tion as  president  of  the  board  of  trustees,  and  to  give  his  support  to 
the  infant  organization.  The  sacrifice  thus  made  woke  in  him  new 
interest  in  religious  affairs,  and  he  became  more  than  ever  a con- 
stant attendant  on  divine  worship.  But  it  was  not  until  March  7, 
1858,  during  the  revival  of  that  memorable  winter,  that  he  formally 
professed  his  faith  in  the  Redeemer.  The  change  then  thus  avowed 
was,  however,  far  from  being  an  abrupt  one.  His  nature  was  not 
wont  to  turn  sharp  corners.  He  disliked  sudden  transitions ; and 
the  process  of  his  conversion  accorded  with  these  habits  of  his  mind. 


WILLIAM  PENNINGTON. 


253 


In  him  the  ‘ going  forth  ’ of  God’s  grace  ‘ was  as  the  morning ; ’ 
first  twilight,  then  the  dawn,  and  when  the  sun  rose  above  the 
horizon,  it  shone  out  bright  and  clear.  So  decided  was  his  position 
as  a Christian  disciple,  that  at  the  election  of  elders,  which  took 
place  within  a year  after,  contrary  to  the  usual  custom,  and  against 
apostolic  advice,  and  I may  add  against  his  own  judgment  also,  the 
Church  elected  him  to  its  session,  and  he  was  induced  to  abide  by  its 
decision.  I think  all  will  agree  in  testifying  that  his  service  in  that 
sacred  office  has  been  faithfully  and  acceptably  performed.  F ew  of 
our  number  have  shown  so  warm  an  interest  in  the  welfare  and  edi- 
fication of  the  Church  as  himself.  He  loved  the  brethren.  His 
place  at  the  prayer-meeting  was  never  vacant,  except  under  the 
compulsion  of  circumstances.  None  listened  to  the  Word  with  more 
appreciative  attention,  or  was  more  ready  to  accept  it  when  honestly 
presented,  in  whatsoever  style.  He  prized  simple  truth  far  more 
than  the  eloquence  of  words,  and  knew  well  how  to  distinguish  sub- 
stance from  glitter.  It  was  with  many  an  apprehension  we  parted 
from  him  as  he  went  forth  to  encounter  the  seductions  of  the  Capitol 
in  the  immaturity  of  his  Christian  experience.  But  when  he  re- 
turned to  us,  it  was  with  a spirit  not  indeed  altogether  unaffected 
by  the  trying  scenes  through  which  he  had  passed,  yet  true  to  his 

profession Again  he  was  faithful  at  the  post  of  his  duty ; and 

for  the  last  few  months,  those  who  knew  him  intimately  and  held 
converse  with  him  on  religious  things,  observed  the  ripening  of  his 
piety.  He  showed  evidence  of  special  preparation  for  the  change 
of  whose  near  approach  he  seemed  to  have  mysterious  premoni- 
tions. If  his  faith  was  not  so  deep  as  that  of  some,  if  his  range  of 
Christian  experience  was  not  as  broad  as  that  of  some,  yet  this  we  say 
of  him  — his  piety  was  simple,  sincere,  child-like,  fearless,  and  frank. 
He  loved  his  Saviour,  and  often  expressed  his  sense  of  the  largeness 
of  that  grace  which  had  made  a place  for  him  in  the  heavenly 
kingdom  at  so  late  a period  in  life.  He  loved  the  Scriptures,  and 
read  them  like  one  searching  for  hid  treasures.  He  loved  the 
society  of  Christian  people,  of  good  men,  and  he  felt  his  house 
blessed  when  they  came  to  visit  him.  He  was  a man  of  habitual 
prayer,  and  found  therein  both  solace  and  strength.  And  for  those 
things  we  call  him  a true  Christian,  a child  of  God,  one  who  has 
been  washed,  pardoned,  sanctified,  and,  we  trust,  is  now  glorified 
by  that  grace  which  has  been  given  unto  us  in  the  Gospel.” 


254 


REMINISCENCES  OF  NEW  JERSEY. 


Philemon  Dickerson,  a brother  of  Mahlon,  was  li- 
censed as  an  attorney  in  1813  and  as  a counselor  in 
1817  ; in  1834  was  made  a sergeant  at  law.  It  may 
be  mentioned  that  this  last  degree  was  originally  of 
some  importance,  as  only  sergeants  could  pass  a com- 
mon recovery  in  the  supreme  court,  which  followed 
in  that  respect  the  practice  of  the  English  court  of 
common  pleas.  As  for  a time  the  examiners  of  stu- 
dents were  appointed  exclusively  from  the  sergeants, 
the  distinction  was  continued  until  1839,  since  which 
date  no  sergeants  have  been  designated. 

In  the  winter  of  1812  Mr.  Dickerson  was  residing 
in  Philadelphia,  and  I became  acquainted  with  him 
there.  In  a short  time  he  took  up  his  residence  at 
Paterson,  in  New  Jersey,  married  and  practiced  law 
there.  In  1833  he  was  elected  member  of  Assembly; 
and  in  1836  was  chosen  governor  by  the  Jackson 
party,  holding  the  office,  however,  but  one  year,  that 
party,  which  had  now  assumed  the  name  of  Demo- 
crats, being  defeated  in  1837.  In  1839  he  was  placed 
by  the  Democrats  on  their  ticket  for  Congress,  and, 
as  was  finally  settled,  received  a majority  of  the 
votes ; but  owing  to  irregularities  in  some  of  the 
township  returns,  they  were  thrown  out  by  two  of 
the  county  clerks,  so  that  the  votes  returned  to  the 
governor  did  not  show  him  elected,  and  the  certifi- 
cates were  given  to  others.  In  1841  he  was  ap- 
pointed, by  Mr.  Van  Buren,  judge  of  the  district 
court,  and  held  that  office  until  his  death,  at  the  age 
of  about  seventy,  in  1862.  He  was  afflicted  by  a can- 
cer in  his  face. 

The  few  opinions  he  had  occasion  to  deliver  dur- 
ing the  year  he  was  chancellor,  are  reported  in 
Green’s  Chan.  Rep.,  and  show  him  to  have  possessed 


PHILEMON  DICKERSON. 


255 


a discriminating  mind,  and  a good  knowledge  of  law 
and  equity.  The  case  of  The  Associate  Reformed 
Church  vs.  The  Trustees  of  the  Theological  Seminary 
at  Princeton,  3 Green,  77,  involved  the  right  of  the 
latter  body  to  the  possession  of  a valuable  theolog- 
ical library,  and  delicate  questions  respecting  the 
rights  and  duties  of  the  synods  of  the  respective 
churches,  in  the  formation  of  a union.  His  decision 
against  the  defendants  was  acquiesced  in,  without 
appeal.  In  the  case  of  Hulme  vs.  Slireve,  3 Green, 
116,  he  had  occasion  to  consider  the  rights  of  parties 
owning  mill  sites,  and  the  effect  of  flowing  back  the 
water,  and  at  the  request  of  the  parties  made  a per- 
sonal examination  of  the  premises ; his  opinion  shows 
how  fully  he  mastered  all  the  difficulties  of  the  sub- 
ject. The  decree  made  in  conformity  to  his  views, 
was  affirmed  in  the  higher  court  by  a very  decisive 
vote. 

He  had  a good  practice  as  a lawyer,  and  was  a satis- 
factory judge  as  chancellor  and  in  the  United  States 
court.  He  was  distinguished  for  dry  humor,  one  in- 
stance of  which  occurred  just  after  the  war  of  the  re- 
bellion commenced.  A zealous  Republican,  who  was 
summoned  as  foreman  of  the  grand  jury,  proposed 
that  all  the  jurymen  present  should  take  the  oath  to 
support  the  Constitution  of  the  United  States.  Upon 
which  the  judge  remarked,  in  the  most  quiet,  busi- 
ness-like manner,  that  if  any  persons  in  the  court 
were  so  distrustful  of  themselves  as  to  think  the  oath 
necessary,  he  was  quite  ready  to  administer  it.  No 
one  responded,  and  the  business  of  the  court  pro- 
ceeded as  usual. 


256 


REMINISCENCES  OF  NEW  JERSEY. 


Daniel  Haines  was  governor  and  chancellor  under 
the  old  constitution  two  years,  and  was  elected  for  one 
term  of  three  years  by  the  people.  He  was  born  in 
the  city  of  New  York,  in  the  year  1801.  His  father, 
Elias  Haines,  was  a well  known  and  for  many  years  a 
successful  merchant  of  that  city,  and  was  noted  for 
his  benevolence  and  probity.  He  belonged  to  a fam- 
ily of  that  name,  who  were  of  the  earliest  settlers 
of  Elizabethtown.  Stephen  Haines,  the  grandfather, 
and  his  sons  were  distinguished  during  the  War  of 
the  Revolution  for  patriotic  zeal  and  active  service. 
They  were  one  night  surrounded  in  their  dwelling  by 
a strong  force,  which  captured  them,  and  took  them 
as  prisoners  to  New  York,  where  they  were  impris- 
oned in  the  “ old  sugar-house,”  and  were  for  a long 
time,  with  others,  great  sufferers.  The  mother  of 
Governor  Haines  was  a daughter  of  Robert  Ogden,  of 
Sparta,  in  the  County  of  Sussex,  and  the  sister  of 
Governor  Ogden. 

Daniel  Haines  received  his  preparatory  education 
from  the  Rev.  Dr.  Edmund  D.  Barry,  celebrated  as  a 
teacher  in  New  York,  and  at  the  academy  in  Eliza- 
bethtown. He  was  graduated  at.  the  college  of  New 
Jersey  in  1820,  and  was  a classmate  of  Chief  Justice 
Green,  Judge  Field,  and  Rev.  Dr.  James  W.  Alex- 
ander. He  studied  law  with  Thomas  C.  Ryerson, 
afterwards  judge,  at  Newton ; was  licensed  as  an  at- 
torney in  1823,  and  as  a counselor  in  1826,  and  was 
called  to  be  a sergeant  at  law  in  1837. 

He  settled  as  a lawyer  in  1824  at  Hamburg,  in 
Sussex  County,  and  has  continued  ever  since  to  reside 
there.  He  has  been  twice  married.  His  practice  as  a 
lawyer,  although  never  very  large,  soon  became  quite 
respectable.  The  year  of  his  commencement  brought 


DANIEL  HAINES. 


257 


forward  General  Jackson,  whose  cause  was  espoused 
by  most  of  the  leading  politicians  of  the  county,  both 
Democrats  and  Federalists,  so  that  for  many  years 
Sussex  gave  the  largest  majority  for  him,  and  for  those 
that  succeeded  him  as  Democrats,  of  any  county  in 
the  State.  Young  Haines  was  of  federal  descent,  and 
took  an  active  part  in  promoting  the  success  of 
Jackson,  the  township  of  Vernon,  in  which  he  resided, 
casting  all  the  votes  that  were  polled  in  his  favor. 

In  1839,  a question  regarded  as  of  importance  to 
the  county  having  arisen,  he  was  induced  to  accept  a 
nomination  to  the  council  of  the  State,  and  was  elected 
to  that  position.  This  brought  him  into  the  political 
contest  called  the  “ broad  seal  war,”  in  which  he  took 
an  active  part  on  the  side  of  his  political  friends.  The 
legislature  elected  in  1838  had  passed  a series  of  res- 
olutions, which  they  ordered  to  be  addressed  and 
forwarded,  not  to  the  speaker  of  the  house  of  repre- 
sentatives, but  to  “ The  Honorable  Robert  M.  Hunter, 
representative  of  Virginia”  This  address  had  been 
refused  to  be  received  by  Mr.  Hunter,  who  justly  re- 
garded it  as  insulting  to  the  body  over  which  he 
presided,  implying  that  it  was  not  entitled  to  judge 
for  itself  in  regard  to  its  due  organization.  This  re-  * 
jection  of  course  excited  the  Whigs  to  renewed  action 
in  the  session  of  1839-40,  and  new  resolutions  were 
introduced  into  the  legislature,  denouncing  in  strong 
terms  the  action  of  the  house  of  representatives,  as 
equivalent  to  declaring  New  Jersey  out  of  the  Union, 
and  no  longer  entitled  to  a voice  in  the  councils  of 
the  nation.  Amzi  Armstrong,  of  Newark,  and  Jacob 
W.  Miller,  then  members  of  the  council,  were  the  lead- 
ing advocates  of  these  resolutions,  and  Haines  bore 
the  brunt  of  the  contest  in  opposition.  The  Whigs 

17 


258 


REMINISCENCES  OF  NEW  JERSEY. 


being  at  that  time  largely  in  the  majority,  carried 
their  resolutions ; but  the  efforts  of  Haines  and  his 
friends  were  not  lost.  The  testimony  taken  in  refer- 
ence to  the  election  which  occasioned  the  difficulty 
established  the  fact  that  the  democratic  members  had 
received  a clear  majority  of  the  votes,  and  their  party 
grew  stronger  and  stronger  in  the  State,  until  in  1843 
it  carried  a majority  of  the  legislature.  The  debate 
in  which  Haines  took  so  prominent  a part,  served 
to  make  known  his  ability,  and  to  bring  him  forward 
as  a leader.  He  served  a second  time  in  the  council, 
and  then  declined  a renomination. 

When  in  the  fall  of  1843  the  Democrats  obtained 
a majority  of  the  legislature,  his  friends  brought  him 
forward  as  a candidate  for  the  situation  of  governor, 
and  he  received  a majority  of  the  votes  in  the  joint 
meeting,  only  three  weeks  after  the  members  were 
elected,  and,  as  I have  understood,  one  week  after 
any  suggestion  that  such  a measure  was  intended 
had  been  made  to  him. 

The  leading  measures  he  promoted  as  governor  were 
the  advancement  of  the  cause  of  education,  and  the 
change  of  the  constitution  of  the  State.  He  gave  his 
influence  and  active  exertions  to  secure  the  passing 
of  a law  providing  for  calling  a convention  to  frame 
a new  constitution,  which  succeeded.  After  its  pas- 
sage, the  leading  men  of  both  political  parties,  not- 
withstanding the  strong  political  excitement  preva- 
lent at  the  time,  united  in  recommending  that  the 
convention  should  be  composed  of  an  equal  number 
of  each  party.  This  recommendation  prevailed  in 
every  county  but  one,  which  sent  all  Democrats,  so  as 
to  give  a majority  to  that  party ; but  this  only  caused 
a sufficient  number  of  that  party  to  vote  so  independ- 


DANIEL  HAINES. 


259 


ently  on  every  question  having  a party  bearing,  that 
not  only  were  the  officers  elected  from  both  parties, 
but  the  constitution  was  so  framed  as,  if  not  to  steer 
clear  of  any  party  tendency,  rather  to  lean  against  the 
Democrats.  One  of  the  temporary  provisions  adopted, 
provided  for  the  continuance  in  office  of  “ the  present 
governor,  chancellor,  and  ordinary,  or  surrogate  gen- 
eral and  treasurer,  until  successors  elected  or  appointed 
under  the  new  constitution  should  be  sworn  or  af- 
firmed into  office.”  By  virtue  of  this  provision,  Gov- 
ernor Haines  continued  in  office  until  the  inaugura- 
tion of  his  successor,  Charles  C.  Stratton,  in  January, 
1845. 

The  cases  decided  by  Governor  Haines  as  chan- 
cellor, will  be  found  3 Green’s  Chan.  Reports.  His 
opinions  were  carefully  prepared,  and  were  generally 
satisfactory. 

He  declined  a nomination  as  candidate  for  governor 
at  the  first  election  held  under  the  new  constitution ; 
but  in  1847  he  was  selected  by  the  Democrats  to  lead 
their  ticket,  and  was  elected  by  a respectable  ma- 
jority. In  his  inaugural  address  and  his  message,  he 
reiterated  his  recommendations  in  favor  of  education 
by  means  of  public  and  free  schools.  He  strongly  rec- 
ommended a normal  school  for  the  education  of  teach- 
ers, a measure  that  did  not  then  obtain  the  favor  of 
the  legislature,  but  which  not  long  afterwards  was 
adopted,  and  has  proved  of  great  public  benefit.  Dur- 
ing this  term  of  service  the  governor  was  no  part  of 
the  judiciary  of  the  State,  and  of  course  the  person 
holding  the  office  could  not  follow  the  profession  of  a 
lawyer.  But  when  his  constitutional  term  expired,  he 
resumed  the  practice  of  law,  and  was  occupied  in  it 
until  November,  1852,  when,  having  been  previously 


260 


REMINISCENCES  OF  NEW  JERSEY. 


nominated  as  a justice  of  the  supreme  court,  and  con- 
firmed by  the  senate,  he  took  his  seat  on  the  bench  ; 
and  being  reappointed,  held  that  office  fourteen  years. 

Until  he  was  governor  the  second  time,  I had  but 
little  acquaintance  with  him ; but  from  that  time,  and 
especially  while  we  sat  together  on  the  bench,  our 
friendship  was  warm  and  unbroken  by  the  slightest 
disagreement.  As  a judge,  although  not  entitled  to 
rank  among  the  most  eminent  for  acuteness  or  learn- 
ing, he  was  highly  respectable.  Always  anxious  to 
do  justice,  he  rarely  failed  to  ascertain  and  give  pre- 
ponderance to  the  merits  of  a cause ; and  by  his 
courteous  deportment,  as  well  as  by  his  sound  judg- 
ment, he  merited  and  obtained  the  confidence  and  re- 
spect of  suitors  and  their  advocates.  But  few  judges 
were  ever  freer  from  the  influence  of  passion  or  preju- 
dice. For  several  years  he  presided  in  the  Newark 
circuit,  the  most  important  and  difficult  perhaps  of  any 
in  the  State  ; and  left  it  greatly  respected  by  the  bar, 
who  expressed  their  feelings  by  a strong  testimonial 
of  their  regard. 

Governor  Haines  is  one  of  those  old  Federalists, 
who,  having  become  earnest  supporters  of  General 
Jackson,  continued  afterwards  to  act  with  the  demo- 
cratic party.  But  he  has  always  had  the  indepen- 
dence to  refuse  his  support  to  candidates  of  that  party 
he  considered  unworthy  of  support ; and  well  would 
it  be  for  our  country  if  there  were  more  to  imitate 
his  example  in  this  respect.  While  on  the  bench,  both 
of  us  abstained  from  any  active  interference  in  polit- 
ical arrangements,  contenting  ourselves  with  voting 
for  such  candidates  as  upon  the  whole  we  judged  best 
entitled  to  our  support,  and  most  likely  to  represent 
our  principles.  We,  of  course,  often  counseled  to- 


DANIEL  HAINES. 


261 


gether,  and  were  generally  like  minded.  In  a letter 
to  me,  in  reference  to  one  of  the  most  difficult  ques- 
tions we  had  to  decide,  he  remarked,  “ When  the  dem- 
ocratic convention  divided  at  Charleston,  I became 
impressed  with  the  belief  that  the  extreme  men  of 
the  South,  nominally  Democrats,  were  willing  to  co- 
alesce with  the  abolitionists  of  the  North,  to  provoke 
a secession  of  the  southern  States,  and  I feared  we 
should  become  the  victims  of  ultra  men  of  both  par- 
ties, and  be  compelled  to  settle  by  force  of  arms  what 
was  clearly  the  subject  of  fair  and  honorable  nego- 
tiations, although  hopeless  of  success,  I travelled  sixty 
miles  and  back  to  cast  a vote  for  the  ‘ Union  demo- 
cratic ticket,’  for  the  reason,  chiefly,  that  the  election 
of  Lincoln  as  a sectional  candidate  might  precipitate 
war,  and  I wished  to  make  my  protest  against  it.”  I 
had  myself  given  the  same  vote,  and  for  the  same 
reason. 

Continuing  after  the  election  of  Lincoln  to  oppose 
every  measure  likely  to  produce  a war,  and  earnestly 
desirous  that  the  measures  proposed  by  the  peace  con- 
ference might  be  so  far  adopted  as  to  secure  peace ; 
when  Carolina  and  other  States  formally  seceded,  and 
Sumter  was  attacked,  he  felt  too  strongly  moved  by 
the  blows  thus  aimed  at  the  Union  and  the  life  of  the 
nation,  not  to  oppose  them,  and  did  what  he  could  to 
sustain  the  government,  although  many  of  its  meas- 
ures were  such  as  he  could  not  approve.  He  exerted 
his  influence  in  raising  troops  for  the  Union  army, 
and  for  that  purpose  attended  meetings  of  the  citi- 
zens of  his  county,  composed  largely  of  Democrats, 
and  urged  the  importance  of  filling  the  ranks,  calling 
attention  to  the  admonitions  of  Washington  and  Jack- 
son,  in  regard  to  the  duty  of  maintaining  the  union 


262 


REMINISCENCES  OF  NEW  JERSEY. 


of  the  States,  and  the  duty  incumbent  on  every  good 
citizen  to  aid  in  repelling  every  effort  to  destroy  it. 
With  his  entire  approbation,  his  son-in-law  and  his  two 
sons  entered  into  service,  one  of  the  latter  sacrificing 
his  life  in  the  conflict. 

When  McClellan  was  nominated  in  opposition  to 
the  reelection  of  Lincoln,  he  gave  him  his  support,  giv- 
ing to  me,  as  among  his  reasons,  u I think  the  meas- 
ures of  the  administration  tend  unnecessarily  to  pro- 
tract the  war ; many  of  its  partisans  are  fattening  on 
the  spoils,  and  plundering  the  nation,  and  McClellan 
has  been  persecuted  for  his  political  opinions.”  After- 
wards he  voted  for  Seymour,  although  without  hope 
of  success,  as  in  every  respect  preferable  to  a military 
chieftain  whose  recommendation  was  military  success, 
which  under  the  circumstances  no  commander  of  the 
most  ordinary  talent  could  have  failed  to  achieve. 
And  he  has  since  been  steadily  opposed  to  most  of 
the  measures  of  reconstruction  adopted  by  the  Repub- 
lican party,  as  not  only  in  violation  of  the  Constitu- 
tion, but  as  threatening  to  perpetuate  feelings  of  dis- 
union and  hate,  the  evil  consequences  of  which  in  the 
future  may  be  destructive  of  that  cordial  union  be- 
tween the  different  and  diverse  sections  of  our  coun- 
try, so  essential  to  the  safe  and  harmonious  action  of 
a federal  republic. 

Carefully  educated  as  a Presbyterian,  Governor 
Haines  became  a member  of  the  Church  in  early  life, 
and  has  been  for  many  years  a ruling  elder.  He 
was  prominent  as  a member  of  the  General  Assembly 
in  all  the  measures  adopted  for  uniting  the  two 
branches  of  that  Church,  and  was  one  of  the  commit- 
tee to  whom  the  difficult  legal  questions  that  arose 
were  referred,  and  which  they  settled  so  satisfactorily. 


DANIEL  HAINES. 


263 


As  a member  of  the  Bible  Society,  of  Sunday-school 
and  other  meetings  of  a religious  or  benevolent  char- 
acter, he  has  always  been  prompt  to  render  the  aid  of 
his  influence  and  his  active  exertions ; and  he  still  con- 
tinues much  occupied  with  such  engagements ; contin- 
uing also  to  some  extent  his  business  as  a lawyer. 

In  1845  he  was  appointed  one  of  the  commissioners 
to  select  a site  for  the  State  Lunatic  Asylum,  estab- 
lished near  Trenton,  and  was  a member  of  the  first 
board  of  managers  of  that  institution.  In  1865  he 
was  made  a commissioner  to  select  a site  for  a “Home 
for  Disabled  Soldiers,”  and  subsequently  one  of  its 
managers.  In  the  same  year  the  legislature  provided 
for  the  establishment  and  organization  of  a State 
“Reform  School  for  Juvenile  Delinquents,”  located  at 
Jamestown,  and  he  was  appointed  one  of  the  board  of 
trustees,  and  was  made 'and  still  continues  to  be  the 
president  of  that  body. 

By  a joint  resolution  of  the  legislature  in  1868,  he 
was  appointed  one  of  the  commissioners  “ to  examine 
the  system  of  the  existing  State  Prison  of  this  State 
and  similar  institutions  of  other  States,  and  to  report 
an  improved  plan  for  the  government  and  discipline 
of  the  prison.”  In  October,  1870,  he  was  one  of  the 
commissioners  appointed  by  Governor  Randolph,  to 
the  National  Prison  Reform  Congress,  held  at  Cincin- 
nati, and  by  that  body  was  appointed  one  of  a com- 
mittee charged  with  the  duty  of  organizing  a national 
prison  reform  association,  and  an  international  con- 
gress on  prison  discipline  and  reform,  to  be  held  at 
the  city  of  London  in  1872.  In  the  organization  of 
the  National  Prison  Reform  Association,  he  was  made 
one  of  the  corporators,  and  a vice-president.  For 
many  years  he  has  been  one  of  the  board  of  trus- 
tees of  Princeton  College. 


CHAPTER  IX. 


JUDGES  DURING  AND  SOON  AFTER  THE  REVOLUTION. 

SAMUEL  TUCKER.  ROBERT  MORRIS.  DAVID  BREARLY.  JAMES  KIN- 
SEY.  ISAAC  SMITH.  JOHN  CLEVES  SYMMES.  JOHN  CHETWOOD. 
ELISHA  BOUDINOT. 

TX7TTH  the  exception  of  the  courts  of  which  the 
* * governor  was  ex  officio  the  judge,  much  difficulty 
was  experienced  in  organizing  the  courts  of  the  State, 
after  the  adoption  of  the  new  constitution.  The  gov- 
ernor was  constituted  the  chancellor  and  ordinary, 
and  there  was  no  difficulty  in  holding  that  his  power 
to  appoint  the  officers,  and  to  regulate  the  proceed- 
ings of  the  court  of  chancery  and  prerogative  court, 
was  the  same  as  that  of  his  predecessor,  the  royal 
governor.  This  power  included  the  appointment  of 
the  times  and  places  of  holding  the  regular  terms  of 
the  courts.  During  the  war,  and  for  some  time  after- 
wards, the  business  of  the  court  of  chancery  was  not 
important ; but  as  the  orphans’  courts  of  the  counties 
had  not  been  established,  the  disputes  which  arose  in 
relation  to  wills  and  to  the  estates  of  deceased  per- 
sons, devolved  for  settlement  upon  the  governor  as 
ordinary  in  the  prerogative  court,  and  this  was  by  far 
his  most  important  business  as  a judge. 

Richard  Stockton,  having  declined  the  appointment 
of  chief  justice  of  the  supreme  court,  the  legislature 
in  joint  meeting,  a few  days  afterwards,  elected  John 


SAMUEL  TUCKER. 


265 


DeHart  to  that  office.  But  although  he  wrote  a let- 
ter accepting  the  appointment,  for  some  reason  which 
does  not  appear  he  declined  to  enter  upon  its  duties. 
At  the  same  time  that  DeHart  was  chosen  chief  jus- 
tice, namely,  September  4,  1776,  Samuel  Tucker  and 
Francis  Ilopkinson  were  elected  associate  justices. 
Mr.  Hopkinson,  being  a delegate  to  the  Continental 
Congress,  declined  ; but  Mr.  Tucker  accepted,  took 
the  oath  of  office,  and  in  November  held  a term  of 
the  court.  The  last  court  at  which  the  colonial  jus- 
tices, Frederick  Smyth,  chief  justice,  and  David  Ogden 
were  present,  was  held  in  May.  In  consequence  of 
this  suspension  of  the  regular  terms  of  this  court,  and 
a like  interruption  of  the  stated  terms  of  the  courts  in 
most  of  the  counties,  acts  of  Assembly  were  passed 
reviving  and  continuing  the  process  and  proceedings 
depending,  as  fully  and  effectually  as  if  the  said  courts 
had  regularly  met. 

Samuel  Tucker  was  not  a lawyer,  but  had  held 
many  important  public  stations,  and  was  a man  much 
respected,  and  of  great  influence  in  Trenton,  in  the 
immediate  neighborhood  of  which  he  resided.  He 
had  been  sheriff  of  the  County  of  Hunterdon,  was  a 
member  of  the  Assembly  in  1769,  and  was  elected 
afterwards,  in  1772,  as  a member  of  that  body, — the 
last  under  the  provincial  government  whose  functions 
were  put  an  end  to  by  the  Revolution.  He  was  an 
active  member,  and  president  of  the  different  provin- 
cial congresses,  and  signed  the  Constitution  of  1776 
as  such.  He  was  also  treasurer  of  the  State,  and  as 
such  had  a large  amount  of  the  paper  currency  and 
other  valuable  property  in  his  custody,  which,  in  an 
affidavit  he  laid  before  the  legislature  in  February, 


266 


REMINISCENCES  OF  NEW  JERSEY. 


1777,  he  alleged  were  taken  out  of  his  possession  in 
the  previous  December  by  a party  of  British  horse- 
men, who  took  him  prisoner  and  detained  him  until  a 
protection  was  obtained  from  Colonel  Rahl,  who  was 
killed  at  Trenton  shortly  afterwards.  This  transac- 
tion, the  accuracy  of  his  statement  being  disputed  by 
Governor  Livingston,  occasioned  him  to  appear  before 
the  legislature  and  resign  his  commission.  His  weak- 
ness in  taking  advantage  of  the  offer  of  British  pro- 
tection during  the  panic  which  prevailed  so  exten- 
sively previous  to  the  capture  of  the  Hessians  at 
Trenton,  was  attributable  perhaps  to  the  fact  that  his 
wife  was  an  English  lady.  It  is  certain  that  he  thus 
forfeited  his  character  as  a patriot,  and  died  in  1789 
still  under  the  cloud. 

In  February,  1777,  the  joint  meeting  elected  Robert 
Morris  as  chief  justice,  and  Isaac  Smith  and  John 
Cleves  Symmes  as  associate  justices  of  the  supreme 
court,  and  they  all  entered  upon  the  duties  of  these 
offices,  and  appear  afterwards  to  have  opened  the 
court  and  sworn  a grand  jury,  as  was  the  custom 
then,  at  the  regular  terms  held  in  April,  May,  Sep- 
tember, and  November.  Morris  was  a son  of  Robert 
Hunter  Morris,  chief  justice  from  1738  until  his  death 
in  1764,  the  particulars  of  which  are  stated  by  Judge 
Field  in  “ Provincial  Courts  of  New  Jersey,”  page  155. 
In  1779  he  resigned,  but  for  what  reason  does  not  ap- 
pear His  residence  was  in  New  Brunswick.  In  1790, 
upon  the  death  of  Judge  Brearly,  he  was  appointed 
by  President  Washington  judge  of  the  district  court 
of  the  United  States  for  New  Jersey,  an  office  which 
he  held  until  his  death  in  1815.  During  the  latter 
part  of  the  time,  his  health  was  so  bad  that  no  district 


ROBERT  MORRIS. 


267 


court  was  held.  The  business  then  required  to  be 
done  in  that  court  was  so  unimportant  that  the  fail- 
ure  of  the  judge  to  attend  occasioned  no  special  in- 
convenience. 

The  following  letter  was  addressed  by  Chief  Justice 
Morris  to  Governor  Livingston,  which  I copy  from 
the  Revolutionary  Correspondence  published  by  order 
of  the  legislature  of  New  Jersey  in  1848,  because  it 
shows  us  something  of  the  condition  of  judicial  affairs 
at  the  commencement  of  the  Revolutionary  War:  — 

“ Newton,  June  14th,  1777. 

“ Sir  : Inclosed  your  excellency  has  a list  of  the  convictions 
and  the  judgments  thereon,  at  this  very  tedious  and  I would  have 
said,  premature  court,  if  the  council  had  not  thought  expedient  on 
mature  deliberation  to  have  appointed  it.  I had  the  pleasure  to 
find  Mr.  Justice  Symmes  here  at  my  arrival,  and  confess  if  I had 
supposed  the  council  would  have  spared  him  for  the  business,  I 
would  not  have  travelled  post  over  the  mountains,  through  the  rain 
and  late  into  the  night,  on  so  very  short  notice. 

“ Judges  young  in  office,  and  not  appointed  for  their  legal  erudi- 
tion ; associates  but  reputable  farmers,  doctors,  or  shopkeepers ; young 
officers,  no  counsel  nor  clerk,  for  want  of  timely  notice,  which  was 
not  even  given  to  the  sheriff ; and  this  in  a disaffected  county,  both 
witnesses  and  criminals  to  be  collected  from  all  parts  of  the  State. 
Thus  circumstanced  was  a court  of  the  highest  expectation  ever 
held  in  New  Jersey  ; a court  for  the  trial  of  a number  of  state  crim- 
inals, some  for  high  treason,  a crime  so  little  known  in  New  Jersey 
that  perhaps  the  first  lawyer  in  it  would  not  know  how  to  enter 
judgment  under  our  constitution.  It  would  make  an  excellent  para- 
graph in  Game’s  ‘ Veritable  Mercury  ; ’ no  other  printer  could  ven- 
ture to  publish  it.  In  England,  where  treasons  and  rebellions  are 
from  immemorial  usage  become  familiar  terms,  twelve  learned  judges 
from  the  first  courts  in  the  world,  the  members  of  privy  council, 
and  the  first  gentlemen  in  the  kingdom,  would  have  been  sent  on 
such  an  errand,  and  attended  by  old  and  experienced  officers,  and 
the  ablest  counsel  at  the  bar,  witnesses  prepared,  criminals  to  try, 
and  seasonable  notice  given.  But  there  the  law  is  systematically 
administrated,  and  the  ministers  of  it  have  settled  forms  of  practice, 


268 


REMINISCENCES  OF  NEW  JERSEY. 


under  an  old  constitution,  well  understood.  And  here  we  have  a 
new  modeled  government,  incomplete  in  parts,  young  in  practioe, 
and  contingencies  unprovided  for. 

“ Seriously,  sir,  with  due  submission  to  the  council,  I should  have 
thought  that  for  a court  of  such  consequence,  the  members  of  the 
council,  and  some  of  the  bar,  ought  to  have  been  joined  in  the 
commission  and  requested  to  attend.  We  have  sat  with  great  pa- 
tience, and  have  now  closed  the  third  week.  Had  it  not  been  for 
the  negligence  or  villainy  of  a rascally  jailer,  in  suffering  John 
Eddy,  the  only  person  indicted  for  high  treason,  to  escape  yesterday 
morning,  I flatter  myself  we  should  have  acquitted  ourselves  with 
tolerable  success,  and  I hope  have  given  satisfaction  to  the  good 
people.  This  escape  has  given  me  much  uneasiness,  as  I feel  it 
will  be  undeservedly  attributed  to  the  inattention  of  the  court.  If 
the  jailer  was  not  privy  to  the  escape,  which  did  not  appear,  he  is 
perhaps  too  severely  punished.  The  court,  in  fixing  his  punishment, 
had  a retrospective  eye  to  past  abuses  of  this  sort,  and  thought  an 
early  example  of  severity  would  be  likely  to  prevent  them  in  future. 
He  appears  to  be  a young,  simple  fellow,  unacquainted  with  the  du- 
ties of  his  office,  and  not  fully  instructed  by  the  sheriff,  who  has 
been  almost  daily  cautioned  on  the  subject.  This  jailer’s  case  is 
recommended  to  the  mercy  of  your  excellency  and  council,  at  such 
season  as  you  shall  judge  expedient  to  exercise  it.  Mr.  Attorney 
general  will  inform  you  of  the  particular  demerits  of  the  other 
convicts ; some  of  them  may  hereafter  be  entitled  to  partial  pardons  ; 
I wish  I could  say  they  were  at  this  time.  The  little  time  the  mem- 
bers of  the  court  had  for  considering  the  commission  after  my  ar- 
rival hurried  us  into  a matter  which,  on  further  consideration,  I 
confess  I am  not  satisfied  with ; I mean  the  short  time  between  the 
teste  and  return  of  the  precipe  for  the  grand  jury.  In  England,  I 
observe,  fifteen  days  was  ordered,  on  mature  deliberation  of  all  the 
judges,  acting  under  the  special  commission  of  1746.  What  the 
practice  has  been  in  New  Jersey  we  do  not  know,  as  the  clerk  has 
none  of  the  former  circuit  papers.  If  we  have  erred  it  is  partly 
chargeable  to  the  council,  for  appointing  the  court  so  shortly  after 
issuing  the  commission,  and  they  are  bound  to  get  the  legislature 
to  cure  it.  Had  I half  an  hour’s  time  for  thinking  of  the  matter  it 
should  have  been  otherwise. 

“ In  your  letter  notifying  me  of  this  court,  you  observe  that  my 
not  attending  the  court  at  Burlington  had  given  uneasiness.  What- 
ever private  individuals  might  have  thought,  I am  persuaded  no 


ROBERT  MORRIS. 


269 


member  of  the  legislature  had  the  least  right  to  expect  my  attend- 
ance. Two  hundred  miles  a day  is  rather  hard  travelling  ; and  even 
that  would  not  have  done,  unless  they  suppose  me  possessed  of  the 
spirit  of  divination.  I accepted  my  present  office  to  manifest  my 
resolution  to  serve  my  country.  I mean  to  do  the  duty  of  it  while 
I hold  it,  according  to  my  best  judgment.  Whenever  the  legisla- 
ture think  they  can  fill  it  more  advantageously,  the  tenor  of  my 
commission  shall  not  disappoint  them. 

“ The  court  rose  without  adjournment,  as  it  was  not  supposed 
they  would  have  occasion  to  sit  again,  unless  Eddy  should  be  taken. 
If  this  should  be  the  case,  I hope  one  of  the  other  justices  will  be 
able  to  attend  ; I fear  I shall  not.  I wish  the  legislature,  before 
another  court  sits,  would  take  under  consideration  the  judgment  in 
high  treason,  old  indictments  at  the  suit  of  the  king,  and  some 
other  difficulties  in  former  practice,  which  the  attorney-general  will 
mention  to  you.  I have  the  honor,  etc., 

“ Rob’t  Morris. 

“ Governor  Livingston.” 

To  understand  some  of  the  difficulties  referred  to 
in  this  letter,  it  must  be  remembered  that  at  this 
time,  and  for  many  years  after,  grand  and  petit  jurors 
were  summoned  by  virtue  of  venires  directed  to  the 
sheriff  for  that  purpose.  Courts  of  oyer  and  terminer 
were  held  by  virtue  of  special  commissions  issued  by 
the  governor  and  council,  in  pursuance  of  the  author- 
ity contained  in  the  commission  from  the  king.  The 
constitution  of  1776  gave  no  such  express  power,  and 
doubts  were  entertained  whether  the  new  governor 
and  council  could  exercise  it.  They  did  do  it,  how- 
ever, holding  it  to  be  justified  by  the  act  of  the  legis- 
lature passed  soon  after  the  meeting  of  the  first  legis- 
lature, which  provided  that  the  several  courts  of  the 
State  should  be  confirmed,  established,  and  continued 
with  the  like  powers,  under  the  present  government, 
as  before  the  declaration  of  independency.  Charles 
Petit,  who  was  a lawyer,  and  had  been  the  deputy 
clerk  of  the  old  council  and  of  the  supreme  court, 


270 


REMINISCENCES  OF  NEW  JERSEY. 


writes  to  Governor  Livingston,  of  the  date  June  15, 
1777:  — 

“ You  will  receive  herewith  a draught  of  a commission  of  oyer 
and  terminer,  which  I have  made  from  one  of  the  old  forms ; it  is 
a translation  as  literal  as  the  change  of  style  will  admit.  I send 
also,  by  way  of  cover,  the  draught  of  the  late  commission  for  Sus- 
sex, so  that  you  may  have  an  opportunity  of  comparing  them.  On 
further  consideration  (although  I have  had  no  opportunity  of  exam- 
ining books)  I am  better  satisfied  that  the  courts  of  oyer  and  ter- 
miner may  be  legally  held  under  such  commission,  if  it  were  only 
by  virtue  of  the  act  for  reviving  and  establishing  the  courts  of  jus- 
tice. The  only  doubt  that  remains  is  the  appointment  of  assistant 
justices  to  those  of  the  supreme  court,  as  it  may  be  said  they  ought 
to  be  elected  by  the  council  and  Assembly  ; if  so,  it  might  be  well 
at  their  next  meeting  to  elect  a set  of  associates  for  each  county.” 

In  September,  1777,  an  act  was  passed  directing 
that  when  any  person  should  be  convicted  of  treason, 
the  sentence  therefor  should  be  the  same  as  in  a 
case  of  murder  (that  is,  to  be  hung,  instead  of  quar- 
tering) ; and  that  all  persons,  who  before  July  2d, 
1776,  had  committed  a crime  not  barred  by  the  stat- 
ute of  limitation,  might  be  proceeded  against  and 
punished  as  if  committed  against  the  State  ; and  that 
all  indictments  found  in  the  name  of  the  king,  should 
be  prosecuted  as  if  in  the  name  of  the  State.  Another 
act  was  passed  expressly  authorizing  the  governor 
with  the  advice  of  the  council  to  constitute  and  ap- 
point by  commission  courts  of  oyer  and  terminer  as 
before,  provided  that  only  justices  of  the  supreme 
court,  and  the  judges  and  justices  of  the  respective 
counties,  should  be  appointed  judges  of  such  courts. 
By  virtue  of  this  statute  special  commissions  contin- 
ued to  be  issued  until  1794,  when  an  act  was  passed 
constituting  these  courts  substantially  as  they  are 
now  held. 


ISAAC  SMITH.  — JOHN  CLEVES  SYMMES. 


271 


Isaac  Smith  held  the  office  of  associate  justice  of 
the  supreme  court  four  terms,  twenty-eight  years  in 
all,  longer  than  it  has  been  held  by  any  other  person. 
He  was  a physician,  but  appears  to  have  made  him- 
self a pretty  good  lawyer.  He  was  an  ardent  Whig, 
and  was  a colonel  of  militia  at  the  commencement  of 
the  Revolutionary  War.  When  his  fourth  term  of 
office  expired  in  1805,  party  spirit  ran  high ; and  as 
he  was  a Federalist,  William  Rossell  was  elected  by 
the  joint  meeting  held  the  preceding  November,,  in 
his  place.  After  this,  Judge  Smith,  who  resided  at 
Trenton,  was  appointed  the  first  president  of  the 
Trenton  Banking  Company,  and  continued  to  hold 
that  position  until  his  death,  August  20,  1807,  in 
the  sixty-eighth  year  of  his  age.  It  is  recorded  on 
his  tombstone,  that,  “ With  integrity  and  honest  in- 
tentions, as  a physician  and  judge,  to  the  best  of  his 
ability,  he  distributed  health  and  justice  to  his  fellow- 
men,  and  died  in  hopes  of  mercy  through  a Re- 
deemer.” 

John  Cleves  Symmes  was  a lawyer  from  the  State 
of  New  York,  who,  after  a year’s  service  in  the  north- 
ern army,  and  taking  part  in  the  battle  of  Saratoga, 
resided  at  Newton,  in  the  County  of  Sussex.  He  was 
a delegate  to  the  Provincial  Congress  from  that  county, 
and  took  an  active  part  in  framing  the  state  constitu- 
tion in  1776.  He  was  appointed  one  of  the  justices 
of  the.  supreme  court  in  February,  1777.  In  1784 
and  1785  he  was  a delegate  to  the  Continental  Con- 
gress at  Philadelphia,  still  retaining  his  position  in  the 
supreme  court. 

One  of  his  letters  to  Governor  Livingston,  detail- 
ing his  proceedings  in  the  courts  of  oyer  and  terminer 


272 


REMINISCENCES  OF  NEW  JERSEY. 


of  Hunterdon  and  Cumberland  in  1778,  will  be  found 
in  the  a New  Jersey  Revolutionary  Correspondence,” 
page  135.  Several  persons  were  convicted  of  treason 
and  sentenced  to  death ; but  whether  any  of  them 
were  executed,  is  now  unknown. 

He  presided  in  1782  at  the  court  held  in  Westfield, 
Essex  County,  for  the  trial  of  James  Morgan,  arraigned 
for  the  murder  of  Rev.  James  Caldwell.  The  shooting 
of  this  gentleman  was  one  of  those  tragic  events  of 
the  Revolution  which  excited  the  deepest  sympathy 
of  the  community.  He  was  the  Presbyterian  minister 
at  Elizabethtown,  and  a zealous  Whig,  and  was  chap- 
lain of  the  northern  army  in  the  fall  of  1776.  He 
returned  to  the  State,  was  incessantly  engaged  in  his 
parochial  and  public  duties,  and  was  perhaps  the  most 
popular  man  with  the  army  and  the  people  generally 
in  his  neighborhood.  In  1780  his  wife  was  shot  in  her 
house  by  British  soldiers.  On  the  24th  of  November, 
1781,  he  was  shot  through  the  heart,  and  immediately 
killed,  at  Elizabethtown  Point,  by  Morgan,  then  in  ser- 
vice as  a militia-man,  who  claimed  to  have  been  on 
duty  as  a sentinel,  and  to  have  shot  him  because  he 
persisted  in  passing  him  when  required  to  stop.  He 
was  an  Irishman  and  a Catholic ; and  in  the  excitement 
which  still  prevailed  when  he  was  tried,  about  six 
weeks  after  the  act  was  committed,  he  had  but  little 
chance  for  his  life,  whether  guilty  or  not.  He  was 
defended  by  Colonel  DeHart;  but  after  a full  and 
fair  trial,  said  by  those  present  to  have  been  remark- 
ably solemn,  the  jury  returned  a verdict  of  guilty,  and 
he  was  sentenced  to  be  hung.  This  sentence  was 
carried  into  execution  on  the  ,29th  of  January,  after 
he  had  been  conducted  to  the  church,  where  a sermon 
was  preached  by  Rev.  Jonathan  Elmer,  according  to  a 


JOHN  CLEVES  SYMMES. 


273 


custom  then  prevailing.  The  exact  truth  in  regard 
to  the  killing  of  Mr.  Caldwell  was  very  difficult  of 
ascertainment  at  the  trial,  and  cannot  now  be  known. 
Some  said  he  was  drunk,  others  that  he  was  irritated 
because  he  had  not  been  paid,  and  supposed  Mr.  Cald- 
well, who  was  an  assistant  commissary,  was  to  blame. 
One  witness  testified  that  he  heard  him  say  he  would 
pop  Caldwell  over.  Many  believed  he  was  bribed  to 
do  it  by  the  British  or  Tories,  to  whom  Caldwell  was 
very  obnoxious. 

In  1788  Symmes  was  chosen  by  the  Continental 
Congress  one  of  the  judges  of  the  north-western  terri- 
tory, and  shortly  afterwards  removed  to  Ohio.  In  con- 
junction with  Jonathan  Dayton,  Elias  Boudinot,  and 
several  other  Jerseymen,  he  purchased  of  Congress  a 
large  tract  of  land  between  the  two  Miami  rivers, 
containing  nearly  250,000  acres,  and  comprising  the 
site  of  the  present  cities  of  Cincinnati  and  Dayton. 
He  established  his  own  residence  at  the  North  Bend 
of  the  Ohio,  and  laid  out  a city  there,  to  be  called 
after  his  own  name.  But  in  consequence,  it  is  said, 
of  the  commander  of  the  United  States  forces  having 
fallen  in  love  with  a lady  who  resided  at  the  place 
shortly  afterwards  named  Cincinnati,  and  removing 
the  troops  there,  that  place  became  the  great  city. 
The  North  Bend  was  afterwards  well  known  as  the 
place  of  residence  of  General  William  H.  Harrison, 
who  married  a daughter  of  Symmes.  The  latter  died 
in  1814,  at  the  age  of  seventy-two.  His  son  of  the 
same  name  promulgated  the  theory  that  the  earth  is 
hollow,  and  has  inhabitants  in  the  interior.  He  trav- 
elled extensively,  found  professed  believers  in  his  doc- 
trine, and  went  so  far  as  to  have  a petition  presented 
18 


274 


REMINISCENCES  OF  NEW  JERSEY. 


to  Congress  to  fit  out  an  expedition  to  enter  the  open- 
ings at  the  poles. 

David  Brearly  was  chosen  chief  justice  to  succeed 
Morris,  June  10,  1779 ; having  been  induced  to  resign 
his  commission  as  lieutenant>colonel  in  Maxwell’s 
Brigade  of  the  Jersey  line,  and  to  leave  the  army, 
then  on  its  march  under  the  command  of  General  Sul- 
livan to  subdue  the  Indians  in  the  western  part  of 
New  York.  He  was  a lawyer,  and  appears  at  the 
breaking  out  of  the  war  to  have  resided  at  Allentown, 
in  Monmouth  County,  and  was  about  the  age  of  thirty- 
four  when  appointed  chief  justice.  He  held  the  place 
nearly  eleven  years,  having  resigned  in  November, 
1789,  to  accept  the  appointment  of  judge  of  the 
United  States  district  court  for  New  Jersey,  an  office 
which  he  held  until  his  death  in  1790,  at  the  early  age 
of  forty- five. 

No  reports  of  the  decisions  of  the  supreme  court 
while  he  presided  have  been  published,  but  he  had 
the  reputation  of  a faithful,  reliable  judge,  and  was 
highly  esteemed.  In  1781  the  college  of  New  Jer- 
sey conferred  on  him  the  honorary  degree  of  Master 
of  Arts.  In  1787,  while  still  chief  justice,  he  was  ap- 
pointed by  the  legislature  of  New  Jersey  a delegate 
to  the  convention  which  framed  the  Constitution  of 
the  United  States,  and  he  took  his  seat  in  that  body, 
participated  in  its  deliberations,  and  signed  the  instru- 
ment when  it  was  agreed  upon.  He  was  afterwards 
a member  of  the  State  Convention  which  ratified  it, 
and  in  1788  was  a presidential  elector,  and  aided  in 
electing  General  Washington.  In  1783  he  was  made 
a vice-president  of  the  State  Society  of  Cincinnati, 
holding  that  office  until  his  death. 


JAMES  KINSEY. 


275 


Upon  the  resignation  of  Brearly,  he  was  succeeded 
as  chief  justice  by  James  Kinsey,  who  was  elected  by 
the  joint  meeting  in  November,  1789,  reelected  in 
1796,  and  held  the  office  nearly  fourteen  years,  having 
died  in  1803,  at  about  the  age  of  seventy  years.  He 
was  the  son  of  John  Kinsey,  who  came  over  to  New 
Jersey  from  England  as  early  as  1716,  and  was  that 
year  a member  of  Assembly  from  the  County  of  Mid- 
dlesex, and  speaker  of  the  house  several  years.  In 
1730  and  1733  he  was  again  speaker.  About  this  time 
he  removed  to  Philadelphia,  where  he  was  chosen  a 
member,  and  for  many  years  speaker  of  the  Assembly 
of  that  State.  He  was  an  eminent  lawyer,  and  was 
during  the  last  seven  years  of  his  life  chief  justice 
of  Pennsylvania. 

Proud,  in  a note  to  his  “ History  of  Pennsylvania,” 
says : “ John  Kinsey  had  very  much  practice  and  suc- 
cess in  the  law,  and  was  for  some  time  attorney-gen- 
eral; his  long  experience  and  great  ability  in  the  man- 
agement of  public  affairs,  his  skill  in  the  laws,  and 
readiness  for  communicating;  his  knowledge  therein, 
often  without  fee  or  reward,  and  his  tenderness  to  his 
friends,  the  people  called  Quakers,  by  whom  he  was  de- 
servedly esteemed  a valuable  member,  in  their  relig- 
ious society,  with  the  exercise  of  many  civil  and  social 
virtues,  are  said  to  have  rendered  his  life  very  useful 
and  valuable,  and  his  death  much  lamented,  as  a great 
and  universal  loss  to  these  provinces.”  He  died  in  May, 
1750,  at  Burlington,  West  Jersey,  of  an  apoplectic  fit. 

James  Kinsey  married  and  settled  in  Burlington  as 
a lawyer.  In  1772  he  was  elected  a member  of  As- 
sembly from  the  city  of  Burlington,  at  that  time  en- 
titled to  two  representatives  in  that  body.  He  soon 
took  a prominent  part  in  the  business  of  the  legisla- 


276 


REMINISCENCES  OF  NEW  JERSEY. 


ture,  and  was  considered  the  leader  of  the  opposition 
to  Governor  Franklin.  The  treasurer  of  East  Jersey, 
Stephen  Skinner,  a brother  of  Attorney-general  Skin- 
ner, claimed  to  have  been  robbed  on  the  night  of 
July  21,  1768,  of  over  six  thousand  pounds  in  coin 
and  bills.  Suspicions  were  entertained  of  various 
individuals,  and  some  doubted  whether  there  had 
been  any  robbery.  In  1770,  the  Assembly  took  up 
the  subject,  and  referred  it  to  a committee,  who  re- 
ported that  the  loss  should  be  attributed  to  the  negli- 
gence of  the  treasurer,  and  that  he  should  be  held 
accountable  for  the  loss ; and  to  this  report  the  As- 
sembly agreed.  The  governor  took  part  with  Skin- 
ner, and  a controversy  arose  on  the  subject,  which 
was  ended  only  when  the  Revolution  had  so  far  pro- 
gressed as  to  make  other  questions  more  engrossing. 
Kinsey  was  put  at  the  head  of  a new  committee  in 
1773,  to  whom  a message  of  the  governor  on  the  sub- 
ject was  referred.  His  report  took  a different  view  of 
the  subject  from  that  advanced  by  the  governor.  A 
letter  written  at  this  time  throws  some  light  on  the 
controversy,  by  a statement  that  “ The  nomination 
of  the  treasurer  by  the  house  and  removable  only  by 
them,  is  the  darling  object,  to  which  every  other  con- 
sideration would  be  readily  sacrificed;  his  (Kinsey’s) 
fingers  itch  to  take  up  the  pen  against  the  governor, 
but  without  the  spirit  of  prophecy  the  event  is  easily 
to  be  determined.” 

The  subject  was  resumed  in  1774,  when  the  com- 
mittee reported  : 61  It  would  give  us  pleasure  to  be  able 
to  join  your  excellency  in  opinion  that  the  robbery  of 
the  eastern  treasury  had  been  brought  to  light ; but 
after  having  considered  your  excellency’s  message, 
and  examined  the  papers  laid  before  us,  we  cannot  but 


JAMES  KINSEY. 


277 


think  that  this  affair  still  remains  in  an  obscurity  which 
we  must  leave  to  time  to  unravel ; ” and  they  go  on 
to  intimate  that  the  subsequent  course  of  the  Assem- 
bly, in  relation  to  the  support  of  the  government, 
would  depend  in  some  measure  upon  the  governor’s 
determination  respecting  Skinner’s  removal.  This 
produced  the  resignation  of  the  treasurer,  and  the 
legislature  immediately  nominated  a successor,  whom 
the  governor,  by  the  advice  of  the  council,  appointed. 
A suit  was  commenced  against  Skinner,  but  it  was 
never  tried ; he  adhered  to  the  royal  cause,  became 
a wanderer,  and  died  in  Nova  Scotia. 

Mr.  Kinsey  was  appointed  one  of  the  delegates  to 
the  Continental  Congress,  and  took  his  seat  in  that 
body  at  Philadelphia,  on  the  5th  of  September,  1774. 
But  on  the  22d  of  November,  1775,  both  he  and  John 
DeHart  (afterwards  appointed  chief  justice,  but  de- 
clined acting)  requested  leave  of  the  House  of  Assem- 
bly to  resign,  and  the  house  resolved  that  the  reasons 
given  by  those  gentlemen  appear  satisfactory,  and  that 
their  resignation  therefore  be  accepted.  On  the  2d  of 
December  this  resignation  was  communicated  to  the 
Congress.  In  October,  1777,  the  legislature  passed  a 
law,  enacting  that  no  counsel  or  attorney  should  be 
permitted  to  plead  in  any  cause,  or  to  make  any  mo- 
tion, or  obtain  a rule  in  any  court,  until  he  should  have 
taken  the  oath  or  affirmation  required  of  all  others 
officers,  that  he  did  not  hold  himself  bound  to  bear 
allegiance  to  the  king  of  Great  Britain,  and  that  he 
would  bear  true  faith  and  allegiance  to  the  govern- 
ment established  in  this  State,  under  the  authority  of 
the  people.  These  oaths  he  declined  to  take,  and 
was  therefore  obliged  to  relinquish  his  practice  as  a 
lawyer. 


278 


REMINISCENCES  OF  NEW  JERSEY. 


Notwithstanding  this  failure,  Governor  Livingston 
wrote  to  Samuel  Allinson,  July  25,  1778:  “ He  is  a 
very  good  man,  though  not  the  best  hand  on  deck  in 
a storm.”  And  to  Kinsey  himself,  the  governor 
wrote  on  the  6th  of  October,  1778:  “As  I find  my- 
self writing  to  my  old  friend,  I cannot  help  embracing 
the  opportunity  to  express  my  concern  at  your  stand- 
ing so  much  in  your  own  light,  as  to  forego  your 
practice,  rather  than  submit  to  a test,  which  all  gov- 
ernments ever  have,  and  ever  will  impose  upon  those 
who  live  within  the  bounds  of  their  authority.  Your 
voluntary  consent  to  take  the  test  prescribed  by  law, 
would  soon  restore  you  to  the  good  opinion  of  your 
country  (everybody  allowing  you,  notwithstanding  un- 
accountable political  obliquities,  to  be  an  honest  man), 
and  your  way  to  the  magistracy  would  doubtless  be 
easy  and  unincumbered.”  It  is  probable  that  his  be- 
ing a member  of  the  Society  of  Friends  had  some- 
thing to  do  with  his  scruples  about  the  oath,  as  they 
were,  except  a few  dissentients  at  Philadelphia,  op- 
posed to  the  war.  When  he  resumed  his  practice,  I 
have  not  been  able  to  learn. 

His  election  as  chief  justice  took  place  during  the 
life  of  Governor  Livingston,  who  was  no  doubt  not 
only  satisfied  of  his  fitness  for  the  office,  but  of  his 
substantial  adherence  to  the  cause  of  the  country. 
Coxe’s  Reports  begins  with  his  decisions,  and  we  have 
thus  some  means  of  judging  as  to  his  legal  character. 
I think  his  printed  opinions  confirm,  what  I understood 
from  Mr.  Griffith  and  other  lawyers  who  had  been  in 
practice  during  his  time,  that  he  was  well  versed  in 
the  doctrines  of  the  law,  and  of  unsuspected  integrity ; 
but  he  was  not  a man  of  high  intellect.  His  successor, 
Kirkpatrick,  who  sat  on  the  bench  with  him  three  or 


JAMES  KINSEY. — JOHN  CHETWOOD. — ELISHA  BOUDINOT.  279 


four  years,  says  of  him,  in  reference  to  the  law  of  real 
estate  as  understood  and  administered  in  New  Jersey, 
that  he  had  acquired  his  knowledge  of  it  “ especially 
from  his  learned  predecessor,  Chief  Justice  Kinsey,  the 
accuracy  of  whose  knowledge  upon  subjects  of  this 
kind  will  be  disputed  by  none  who  knew  him” (2 
Halst.  R.  13).  The  opinion  in  the  case  of  Den  vs. 
Clark  and  Tilcar  (Coxe  R.  356)  affords  perhaps  as 
good  a specimen  of  his  composition  as  any  other,  and 
is  well  worth  a careful  persual. 

The  associates  of  Chief  Justice  Kinsey  were  Isaac 
Smith  and  John  Ciietwood,  until  1797,  when  Mr.  Chet- 
wood,  as  we  are  informed  in  a note  to  the  case  of 
Allen  vs.  Hickson  (1  Halst.  R.  409),  written,  proba- 
bly, by  Chief  Justice  Kinsey,  or  perhaps  by  Mr.  Grif- 
fith (for  I understood  that  Mr.  Coxe,  who  was  Griffith’s 
son-in-law,  prepared  his  reports  from  materials  mainly 
prepared  by  him,  and  what  had  been  intended  for  a 
second  volume  were  furnished  to  Mr.  Halstead),  “was 
compelled  by  continued  and  increasing  bad  health  to 
resign  his  seat  as  one  of  the  justices  of  this  court,  a 
situation  which  he  had  held  for  many  years  with  dis- 
tinguished credit  to  himself,  and  satisfaction  to  the 
public.  Andrew  Kirkpatrick  was  elected  to  supply 
the  vacancy  occasioned  by  the  resignation  of  Mr.  Jus- 
tice Chetwood,  and  took  his  seat  on  the  bench  in  No- 
vember term  following.” 1 

In  1798,  an  act  was  passed  authorizing  the  appoint- 
ment of  an  additional  justice,  and  Elisha  Boudinot 

1 Mr.  Chetwood  was  of  Quaker  de-  death.  He  resided  at  Elizabethtown, 
scent,  and  the  tradition  in  his  family  is  and  died  in  1806,  aged  seventy-two. 
that  he  resigned,  principally  because  of  William  Chetwood  was  a son. 
his  unwillingness  to  sentence  a man  to 


280 


REMINISCENCES  OF  NEW  JERSEY. 


was  elected,  and  held  the  place  daring  one  term  of 
seven  years.  He  was  a descendant  of  a Huguenot,  a 
brother  of  Elias  Boudinot,  distinguished  as  a member 
of  Congress  during  and  after  the  Revolution,  and  well 
known  to  the  religious  community  as  the  first  presi- 
dent of  the  American  Bible  Society.  Elisha  was  born 
in  1742,  and  was  called  to  be  a sergeant-at-law  in 
1792,  having  long  before  become  an  attorney  and 
counselor.  He  settled  in  Newark,  and  was  an  eminent 
lawyer  there.  During  his  time,  the  supreme  court 
consisted  of  a chief  justice  and  three  associates;  but 
in  1804  the  law  of  1798  was  repealed,  so  that  until 
1838  there  were  only  two  associate  justices.  Boudi- 
not died  in  1819. 


CHAPTER  X. 

JUDGES  I HAVE  KNOWN. 

BUSHROD  WASHINGTON.  WILLIAM  GRIFFITH. 

JgUSHROD  WASHINGTON,  one  of  the  justices  of 
the  supreme  court  of  the  United  States,  was  the 
presiding  justice  of  the  United  States  circuit  court  for 
the  district  of  New  Jersey,  from  his  first  appointment 
in  1798  until  his  death  in  1829.  When  I became  the 
attorney  of  the  United  States  for  the  same  district, 
in  1824,  I was  introduced  to  a considerable  practice 
in  his  court,  and  thus  became  well  acquainted  with 
him. 

He  was  a favorite  nephew  of  General  Washington, 
who  devised  to  him  his  estate  at  Mount  Vernon.  He 
studied  law,  under  the  direction  of  his  uncle,  with 
James  Wilson,  of  Philadelphia,  an  eminent  lawyer, 
afterwards  one  of  the  justices  of  the  United  States 
supreme  court.  Having  completed  his  studies,  he 
commenced  business  in  Virginia,  his  native  State,  ac- 
quired a large  practice,  and  had  a high  reputation  as 
a lawyer,  and  in  the  house  of  delegates  and  conven- 
tion of  that  State.  At  the  early  age  of  thirty-six,  he 
was  nominated  by  John  Adams,  and  confirmed  as  one 
of  the  justices  of  the  supreme  court;  and  whatever 
fault  may  be  foun$  with  the  general  character  and 
political  action  of  that  President,  it  cannot  be  de- 
nied that  he  deserved  the  gratitude  of  the  people  for 


282 


REMINISCENCES  OF  NEW  JERSEY. 


raising  to  the  bench  of  the  highest  judicial  tribunal 
of  the  nation  two  such  men  as  John  Marshall  and 
Bushrod  Washington. 

If  any  tribunal  ever  established  by  man  deserves 
the  epithet  august,  it  is  undoubtedly  that  court  of 
which  Bushrod  Washington  was  a worthy  member. 
Unlike  any  other  court  now  existing,,  or  that  ever  did 
exist,  it  sits  in  final  judgment,  not  only  upon  the  rights 
and  fortunes  of  individual  citizens,  but  over  the  au- 
thority, proceedings,  and  privileges  of  sovereign  States, 
and  over  the  authority,  proceedings,  and  privileges  of 
the  coordinate  departments  of  that  government  which 
is  paramount  to  all.  The  rights  and  the  safety  of  each 
member  of  this  majestic  confederation  * the  prosper- 
ity, the  honor,  and  the  destiny  of  the  whole,  depend 
greatly  on  the  learning,  intelligence,  the  integrity  and 
unfettered  independence  of  this  court.  In  my  early 
days,  the  party  then  in  power,  to  which  I belonged,  but 
with  which  I never  agreed  in  this  matter,  was  accus- 
tomed to  disparage  this  tribunal,  because  it  lay  across 
their  path  when  they  attempted  to  carry  out  favorite 
measures,  interfering  with  the  constitutional  rights  of 
the  citizen.  And  now,  as  in  times  past,  history  repeats 
itself.  We  find  many  ardent  supporters  of  the  party 
which  rules  the  country  imitating  the  bad  example 
they  formerly  so  justly  condemned,  and  for  the  same 
reason. 

The  influence  of  the  supreme  court,  as  the  great 
balance  wheel  of  our  nicely  adjusted  but  complex 
government,  is  mainly  moral.  It  needs  the  cordial 
support  of  every  intelligent  citizen,  and  especially  of 
every  lawyer  and  jurist ; and  happily,  although  it 
cannot  claim  to  be  infallible,  yet  it  has  always  de- 
served such  support.  The  decisions  in  regard  to  the 


BUSHROD  WASHINGTON. 


283 


power  of  Congress  to  incorporate  a national  bank,  and 
in  regard  to  slavery,  as  well  as  in  other  important 
questions,  may  have  been  of  doubtful  correctness  ; but 
they  were  always  of  a conservative  character,  and  bad 
results  have  been  obviated  by  safe  political  action 
within  the  Constitution,  or  by  its  amendment.  When 
the  court  decides,  as  it  so  frequently  and  properly  has, 
in  regard  to  the  action  of  the  separate  States,  it  en- 
counters no  great  difficulty,  because  the  States  have 
no  efficient  means  of  resistance,  nor  do  I think  it 
desirable  they  should  have.  But  when  the  court 
attempts  to  check  the  action  of  the  legislature,  which 
can  by  its  laws,  if  not  resist,  yet  impede  its  action, 
then  the  importance  of  forbearing  undue  complaints 
and  of  faithful  support  becomes  apparent.  The  ex- 
ecutive veto  is  of  great  importance,  but  it  can  seldom 
be  relied  upon  to  do  more  than  resist  encroachments 
upon  its  own  prerogatives,  and  is  not  always  pow- 
erful enough  even  for  that.  An  independent  tribu- 
nal, if  properly  respected,  can  be  in  the  future,  as  it 
has  been  in  the  past,  a most  useful  check  upon  legis- 
lation. 

“ I believe,  before  Heaven,”  said  John  Quincy  Adams, 
while  President  of  the  United  States,  “ that  the  dura- 
bility of  the  government  depends  upon  the  court.” 
And  a greater  than  Adams,  President  Washington,  de- 
clared : “ Impressed  with  a conviction  that  the  due 
administration  * of  justice  is  the  firmest  pillar  of  good 
government,  I have  considered  the  first  arrangement 
of  the  judicial  department  as  essential  to  the  happi- 
ness of  the  country,  and  to  the  stability  of  its  polit- 
ical system”  And  writing  to  notify  Mr.  Jay  of  his 
appointment  as  chief  justice,  he  remarks  : “ I have 


284 


REMINISCENCES  OF  NEW  JERSEY. 


full  confidence  that  the  love  which  you  bear  to  our 
country,  and  a desire  to  promote  the  general  hap- 
piness, will  not  suffer  you  to  hesitate  a moment  to 
bring  into  action  the  talents,  knowledge,  and  integrity 
which  are  so  necessary  to  be  exercised  at  the  head  of 
that  department,  which  must  be  considered  the  key- 
stone of  our  political  fabric.” 

Judge  Washington  had  great  fitness  for  his  high 
office.  He  was  rather  under  size,  and  without  any  pre- 
tension to  mere  personal  dignity ; but  his  moral  and 
intellectual  qualities,  his  learning,  his  integrity,  his 
unwearied,  patient  attention,  the  knowledge  that  every 
case  would  be  subject  to  the  most  searching  and  pene- 
trating investigation,  made  him  always  the  object  of 
profound  respect.  He  had  that  temperate  but  inflex- 
ible firmness  which  resulted  from  confidence  in  himself, 
and  is  the  courage  of  superior  minds.  His  manners, 
and  his  language,  spoken  and  written,  were  simple  and 
free  from  anything  approaching  to  arrogance.  He  had 
that  great  faculty  so  important  for  a judge,  and  so  dif- 
ficult of  attainment,  of  regarding  only  the  essential 
merits  of  a cause,  without  being  influenced  by  any  of 
its  surroundings.  He  knew  the  cause  only  by  the 
evidence,  and  decided  it  by  the  law. 

I concur  entirely  in  the  opinion  expressed  of  him 
by  Judge  Hopkinson,  in  the  beautiful  eulogium  de- 
livered to  the  bar  of  Philadelphia,  after  his  decease  : 

“ He  was  wise  as  well  as  learned,  sagacious  and  searching  in  the 
pursuit  and  discovery  of  truth,  and  faithful  to  it  beyond  the  touch 
of  corruption  or  the  diffidence  of  fear.  He  was  cautious,  consider- 
ate, and  slow  in  forming  a judgment,  and  steady,  but  not  obstinate, 
in  his  adherence  to  it.  No  man  was  more  willing  to  listen  to  an 
argument  against  his  opinion,  to  receive  it  with  candor,  or  to  yield 
to  it  with  more  manliness  if  it  convinced  him  of  an  error.  He  was 


BUSHROD  WASHINGTON. 


285 


too  honest  and  too  proud  to  surrender  himself  to  the  undue  influence 
of  any  man,  the  menaces  of  any  power,  or  the  seductions  of  any  in- 
terest ; but  he  was  as  tractable  as  humility  to  the  force  of  truth,  as 
obedient  as  filial  duty  to  the  voice  of  -reason.  When  he  gave  up  an 
opinion,  he  did  it,  not  grudgingly,  or  with  reluctant  qualifications  and 
saving  explanations ; it  was  abandoned  at  once,  and  he  rejoiced 
more  than  any  one  at  his  escape  from  it.  It  is  only  a mind  con- 
scious of  his  strength,  and  governed  by  the  highest  principles  of  in- 
tegrity, that  can  make  such  sacrifices,  not  only  without  any  feeling 
of  humiliation,  but  with  unaffected  satisfaction. 

“As  every  safe  judge  must  be,  Judge  Washington  was  respectful 
of  the  authority  of  adjudged  cases,  but  equally  discriminating  and 
careful  in  applying  them.  He  had  not  the  weak  and  dangerous  am- 
bition which  would  shape  the  law  to  its  own  motions  and  purposes, 
nor  the  contemptible  vanity  to  disregard  the  wisdom  and  learning  of 
others.  In  fact,  the  old  black  letter  law  had  great  charms  for  him, 
and  he  was  well  versed  in  it. 

“ Honesty,  sincerity,  and  good  faith  were  the  elements  of  his  pub- 
lic, as  they  were  of  his  private  conduct  and  character.  There  was  a 
frankness,  sometimes  a playfulness  in  his  manner,  which  neverthe- 
less detracted  nothing  from  the  respect  due  to  his  station.  He 
scorned  the  tricks  and  solemn  contrivances  by  which  inferior  men 
endeavor  to  attract  attention  and  seem  to  be  wise.  There  was  nothing 
artificial  about  him,  but  he  showed  his  opinions,  his  feelings,  and 
himself,  as  in  truth  they  were.  He  came  to  the  bench  of  the  supreme 
court  at  a period  when  its  duties  were  exceedingly  arduous  and  in- 
teresting. The  convulsions  of  Europe,  which  agitated  this  country 
also,  gave  birth  to  questions  of  national  and  constitutional  law, 
which  involved  in  their  consequences  the  honor  and  peace  of  our 
country,  and  which  it  was  the  right  and  duty  of  this  court  to  hear 
and  determine.  Many  of  these  questions,  arising  out  of  unprece- 
dented circumstances  in  the  positions  and  pretensions  of  the  bellig- 
erent nations  of  Europe,  and  from  our  own  peculiar  relations  with 
all  of  them,  were  new  and  difficult  in  themselves,  and  rendered  more 
so  by  the  dangers  which  threatened  us  on  every  side,  and  beset 
every  course  we  might  take.  In  such  a state  of  things,  when  the 
passions  of  the  people  were  agitated  and  inflamed,  and  these  pas- 
sions were  necessarily  communicated  to  our  popular  assemblies,  we 
may  imagine  the  importance  of  having  in  our  system  of  government, 
one  department,  which,  firmly  based  upon  a rock,  lifted  its  head 
above  the  storm,  and  controlled  its  fury.  Independent,  truly  inde- 


286 


REMINISCENCES  OF  NEW  JERSEY. 


pendent,  in  all  times  and  under  all  circumstances,  it  yields  neither  to 
the  influence  of  the  executive,  nor  to  the  clamor  of  the  multitude, 
but,  standing  upon  the  Constitution,  it  defends  it  against  every  attack ; 
and  let  it  never  be  forgotten,  they  will  stand  or  fall  together.” 

One  case  tried  before  him  at  Philadelphia,  in  1809, 
exhibited  his  peculiar  qualities  in  a very  striking  and 
instructive  manner.  It  was  an  indictment  against 
General  Bright  and  others,  for  obstructing  the  process 
of  the  United  States  court.  This  case  grew  out  of  a 
contest  respecting  certain  prize  money,  between  the 
State  of  Pennsylvania  as  the  owner  of  a privateer,  and 
an  individual  of  the  name  of  Olinstead.  A certain 
portion  of  this  money  had  been  paid  to  David  Ritten- 
house,  as  treasurer  of  the  State,  and  at  his  death  re- 
mained in  the  hands  of  his  daughters  as  executors. 
The  case  having  been  carried  into  the  continental 
court  of  appeals,  that  court  reversed  the  decree  of  the 
state  admiralty  court,  and  awarded  all  the  money  to 
Olmstead.  He  obtained  a decree  in  the  court  of  ad- 
miralty of  the  United  States,  for  the  payment  of  this 
money  to  him.  The  legislature  of  the  State  then 
passed  an  act  requiring  the  executors  of  Rittenhouse 
to  pay  the  money  into  the  state  treasury ; and  this 
act  was  passed  upon  the  ground  that  the  court  of  ap- 
peals had  no  jurisdiction  of  the  case,  and  that  its 
decree  of  reversal  was  null  and  void.  This  act  also 
required  the  governor  of  the  state  to  protect  the  per- 
sons and  property  of  the  lady  executors  from  any 
process  which  might  be  issued  out  of  the  courts  of  the 
United  States. 

In  this  state  of  things  the  case  was  submitted  to  the 
supreme  court,  which,  after  a hearing,  commanded  the 
district  court  to  issue  the  required  process  to  enforce  its 
judgment.  This  was  done.  But  by  order  of  the  gov- 


BUSHKOD  WASHINGTON. 


287 


ernor  of  the  State,  General  Bright  called  out  and  took 
command  of  a body  of  the  militia,  which  surrounded 
the  houses  of  the  ladies,  and  then  opposed  with  force 
the  efforts  of  the  marshal  to  serve  his  process.  But  as 
might  be  supposed  the  ladies  were  not  quite  pleased  to 
be  thus  made  prisoners,  and  it  was  said  soon  contrived 
to  surrender  themselves  to  the  custody  of  the  marshal. 
At  any  rate  the  process  was  served,  and  the  State,  in- 
stead of  continuing  the  war,  relieved  the  ladies  by 
paying  the  money.  For  the  resistance,  the  general 
and  some  other  of  the  officers  were  indicted  and 
brought  to  trial.  The  learning,  the  patient  hearing, 
the  clear  and  discriminating  sagacity,  and  the  unhesi- 
tating fearlessness  of  the  judge,  won  for  him  universal 
approbation.  His  charge  was  a fine  manifestation  of 
his  power  to  impress  a jury  with  their  duty  to  con- 
form to  the  law ; and  the  defendants  were  found  guilty, 
and  adequately  punished. 

It  was  a great  pleasure  to  be  concerned  in  a cause 
before  such  a judge.  Always  calm  and  self-poised, 
his  address  to  the  lawyers,  as  he  usually  called  the 
members  of  the  bar  in  court,  was  invariably  kind  and 
pleasant.  When  I had  in  one  case  failed  to  prove 
some  of  the  essential  allegations  of  the  declaration, 
and  a motion  was  made  by  the  adverse  counsel  to  non- 
suit the  plaintiff,  after  stating  very  clearly  his  view  of 
the  law,  he  said : “ Mr.  Elmer,  I shall  be  obliged  to 
order  the  plaintiff  to  be  called,  unless  you  prefer,  as  is 
your  right,  to  take  the  verdict  of  the  jury,  and  in  that 
case  I shall  of  course  direct  them  to  return  a verdict 
in  accordance  with  our  opinion  of  the  law,  and  I must 
warn  you  that  juries  seldom  in  this  court  dissent  from 
our  opinion.”  This  was  in  conformity  to  the  correct 
practice,  which,  however,  has  been  departed  from  in 


288 


REMINISCENCES  OF  NEW  JERSEY. 


the  courts  of  this  State,  whether  wisely  or  not,  re- 
maining to  be  seen.  I did  not  think  it  expedient 
to  trouble  the  jury,  and  therefore  submitted  to  the 
nonsuit. 

Judge  Washington  was  accustomed  to  charge  the 
jury  very  fully  and  explicitly,  seldom  leaving  it  doubt- 
ful how  he  thought  the  verdict  should  be  rendered.  I 
remember  that  in  a case  which  involved  merely  a 
question  as  to  the  running  of  a boundary  line,  he  mis- 
took the  facts,  so  that  the  jury,  upon  which  there  hap- 
pened to  be  a very  competent  surveyor,  found  directly 
contrary  to  his  charge.  He  received  the  verdict  with 
very  evident  surprise,  but  said  quietly  that  he  would 
look  into  the  facts  of  the  case  very  carefully.  After 
doing  so,  he  promptly  acknowledged  his  error,  and 
thanked  the  jury  for  their  care  to  be  right,  in  a matter 
of  fact  which  belonged  to  them  to  decide.  Most 
judges  would  have  done  substantially  the  same  thing; 
but  his  manner  of  correcting  his  own  error  was  very 
simple  and  pleasant. 

The  four  volumes  of  Washington  Circuit  Court  Re- 
ports  contain  most  of  the  opinions  delivered  in  the 
circuit  courts  of  Pennsylvania  and  New  Jersey  during 
the  time  he  presided,  and  deserve  a careful  perusal. 
His  style  is,  in  my  opinion,  a fine  model  of  plain,  per- 
spicuous English,  resembling  that  of  Addison  and 
Blackstone.  These  volumes  were  carefully  made  up 
in  manuscript,  and  carried  with  him,  before  they  were 
printed,  to  the  circuits,  lest,  as  he  would  sometimes 
very  pleasantly  remark,  he  might  some  time  inadver- 
tently overrule  himself,  which  would  be  worse  than 
merely  overruling  some  other  judge. 

The  case  of  Corfield  vs.  Coryell,  reported  in  4 
Wash.  C.  R.  371,  decided  in  Philadelphia,  grew  out  of 


BUSHROD  WASHINGTON. 


289 


transactions  in  New  Jersey,  and  has  been  considered 
ever  since  as  establishing  the  right  of  a State  to  pro- 
hibit the  inhabitants  of  other  States  from  catching 
oysters  in  oyster  beds  within  its  limits.  A vessel 
owned  in  Philadelphia  was  seized  in  the  year  1820, 
while  engaged  in  catching  oysters  in  Maurice  River 
Cove,  in  pursuance  of  the  act  originally  passed  as 
early  as  1798,  now  the  7th  section  of  the  act  for 
the  preservation  of  clams  and  oysters,  revised  in 
1846. 

Several  of  the  persons  engaged  in  making  this  seiz- 
ure were  sued  in  Philadelphia  by  the  owners  of  the 
vessel.  One  case  was  tried  before  Judge  Ingersoll  in 
the  district  court  of  the  city,  and  under  his  direction 
the  jury  rendered  a verdict  for  the  defendant.  The 
case  against  Coryell  was  removed  into  the  circuit 
court  of  the  United  States,  Charles  and  Joseph  R. 
Ingersoll  being  counsel  for  the  plaintiff,  and  Messrs. 
Condy,  Newcomb,  and  M’Uvaine  for  the  defendant, 
who  was  a citizen  of  New  Jersey.  The  great  point 
insisted  on  for  the  plaintiff  was,  that  the  act  of  the 
legislature  of  New  Jersey  was  in  violation  of  that 
clause  of  the  Constitution  of  the  United  States,  which 
provides  that  “ the  citizens  of  each  State  shall  be  en- 
titled to  all  privileges  and  immunities  of  citizens  in 
the  several  States.”  The  judge  held  that  the  privi- 
leges and  immunities  protected  by  this  clause  were 
only  those  which  are  in  their  nature  fundamental, 
which  belong  of  right  to  the  citizens  of  all  free  gov- 
ernments,  and  which  have  been  at  all  times  enjoyed 
by  the  citizens  of  the  several  States  which  compose 
this  Union,  from  the  period  of  becoming  free,  inde- 
pendent and  sovereign,  and  did  not  extend  to  the 
privilege  of  interfering  with  the  rights  of  the  citizens 

19 


290 


REMINISCENCES  OE  NEW  JERSEY. 


of  a State  to  have  the  exclusive  privilege  of  catching 
fish  and  oysters  within  its  waters.  The  expense  of 
this  litigation  was  defrayed  by  the  State.  I was 
counsel  in  New  Jersey  for  the  persons  engaged  in  the 
seizure,  and  in  fact  participated  in  making  it. 

I have  in  my  possession,  however,  one  elaborate 
opinion,  the  last  I believe  that  he  prepared,  just  be- 
fore his  death  in  1829,  which  was  not  printed.  The 
case  was  argued  before  him  and  Judge  Rossell,  at 
Trenton,  about  a month  before  he  died,  by  George 
Wood  for  the  defendant,  and  by  myself  for  the  plain- 
tiff The  case  had  been  removed  from  the  state  court 
by  the  defendant,  a citizen  of  Pennsylvania,  for  the 
express  purpose  of  obtaining  a decision,  that  where  a 
bond  had  been  assigned  and  the  payment  guaranteed 
by  the  assignor,  if  the  assignee  was  directed  to  pro- 
ceed against  the  obligor,  his  omission  to  do  so  would 
be  a sufficient  defense  to  an  action  upon  the  guaran- 
tee, which  in  this  case  was  under  seal.  The  judge, 
however,  adhered  to  the  principle  established  by  the 
supreme  court  of  this  State,  in  the  case  of  Stout  vs. 
Stevenson  (1  South.  R.  178),  namely,  that  a general 
guarantee  or  warranty  of  payment  by  the  assignor  of 
a bond  is  absolute  and  coextensive  with  the  instru- 
ment assigned,  so  that  the  warrantor  becomes  a surety 
for  the  payment  of  the  money  at  the  day,  if  it  is 
assigned  before  the  day  of  payment,  and  on  demand, 
if  it  is  assigned  afterwards. 

A circumstance  occurred  in  this  case  which  amused 
and  gratified  me  very  much,  and  very  naturally,  con- 
sidering who  the  counsel  was  to  whom  I was  opposed. 
There  were  thirteen  pleas,  to  most  of  which  there 
were  demurrers.  The  assignment  and  covenant  of 
warranty,  upon  which  the  action  was  founded,  had 


BUSHR0D  WASHINGTON. 


291 


been  made  after  the  penal  bond  assigned  had  become 
due.  One  of  the  pleas  set  up  an  accord  and  satisfac- 
tion, not  true  in  fact,  but  of  course  admitted  to  be 
true  by  the  demurrer.  After  the  demurrer  was  put  in, 
but  just  before  the  argument,  I had  happened  to  see 
the  case  of  Strang  vs.  Holmes  (7  Cow.  R.  224),  in  which 
the  court  had  held,  I thought  for  good  reasons,  that 
since  the  statute  which  provides  that,  on  bringing  the 
principal,  interest,  and  costs  into  court  at  any  time 
pending  an  action  upon  a bond  with  a penalty,  it  shall 
be  deemed  a full  discharge  of  the  bond  (copied  sub- 
stantially in  New  York  and  New  Jersey  from  4 and  5 
Anne,  ch.  16.  See  Nix.  Dig.  Obligation,  sec.  9),  it  was 
unimportant  whether  an  accord  and  satisfaction  took 
place  before  or  after  the  bond  became  due.  Knowing 
that  Wood  was  no  case  hunter,  and  depended  rather 
upon  his  knowledge  of  the  general  principles  of  law, 
and  his  wonderful  ability  in  applying  them,  I re- 
marked to  him  as  we  came  up  the  stairs  to  the  court- 
room : “Wood,  you  ought  to  beat  me  on  that  accord 
and  satisfaction  plea,  but  I don’t  think  you  will ; you 
don’t  know  all  the  sharp  points  of  the  law.”  From 
his  reply  I saw  at  once  that  my  supposition  that  he 
had  not  seen  the  case  in  Cowen,  it  having  been  re- 
cently published,  was  correct ; and  so  it  proved. 
Upon  the  argument  I relied  on  the  old  authorities, 
which  held  the  maxim  solviter  eo  ligamine  quo  ligatur , 
to  which  he  had  no  satisfactory  answer. 

When  the  judge’s  opinion  was  received,  it  appeared 
that  he  had  overruled  the  plea  as  contrary  to  the 
maxim  cited,  and  he  commenced  by  remarking : “ It 
is  believed  that  the  industry  of  the  counsel  who  ar- 
gued this  cause  has  brought  to  the  view  of  the  court 


292 


REMINISCENCES  OF  NEW  JERSEY. 


all  the  cases  which  have  a bearing  on  the  question” 
I had  the  laugh  against  Wood,  but  did  not  feel  quite 
satisfied  that  I had  done  right  in  withholding  from 
the  court  my  knowledge  of  a respectable  authority 
precisely  in  point,  although  against  me.  Afterwards 
I submitted  this  doubt  to  Chief  Justice  Ewing,  who 
replied,  very  promptly,  that  it  was  no  part  of  my 
duty  as  an  advocate  to  find  authority  for  my  oppo- 
nent. I cannot  help  thinking,  however,  notwithstand- 
ing this  high  authority,  that  it  would  have  been 
better,  although  the  question  involved  was  purely 
technical,  and  did  not  touch  the  merits  of  the  cause, 
to  have  apprised  the  court  of  the  decision,  and  an- 
swered it  if  I thought  it  susceptible  of  an  answer. 

In  private  intercourse,  the  judge  was  a most  agree- 
able companion,  sometimes  telling  a good  story  with 
much  effect.  One  of  his  stories,  which  he  delighted 
to  tell,  with  much  half-suppressed  merriment,  as  it 
referred  to  a great  man,  and  I believe  has  never  ap- 
peared in  print,  it  may  not  be  amiss  to  repeat.  Chief 
Justice  Marshall  was  accustomed,  he  said,  to  relate  of 
himself,  that  once  on  his  way  to  hold  the  circuit  court 
at  Raleigh,  his  horse  and  gig  became  so  disabled  that 
he  was  obliged  to  hire  a strange  horse  and  ride  him. 
This  horse  turned  out  to  be  a racer,  and  when  he 
came  to  a stretch  in  the  road  not  far  from  the  town, 
where  he  had  been  accustomed  to  run,  he  set  off  at 
full  speed,  and  could  not  be  controlled  by  his  riderf 
who  was  encumbered  by  his  cloak ; and 

“ So  stooping  down,  as  needs  he  must 
Who  cannot  sit  upright, 

He  grasped  the  mane  with  both  his  hands, 

And  eke  with  all  his  might. 


WILLIAM  GRIFFITH. 


293 


“ Xhe  wind  did  blow,  the  cloak  did  fly, 

Like  streamers  long  and  gay, 

Till  loop  and  button  failing  both, 

At  last  it  flew  away.” 

And  thus  the  grave  chief  justice  made  his  entrance 
into  the  town  where  he  was  to  preside  in  court,  much 
to  the  surprise  as  well  as  amusement  of  the  specta- 
tors. 

He  never  brought  with  him  to  Trenton  his  family 
coach  and  servants,  but  came  in  a hired  vehicle,  with 
hired  servants,  except  a* female  servant  of  Mrs.  Wash- 
ington, wrho  was  in  the  habit  of  accompanying  him, 
although  a confirmed  invalid.  When  not  engaged  in 
court,  he  devoted  himself  to  her ; and  I am  happy  to 
be  able  to  say  that  I believe  he  was  a sincere  Chris- 
tian. I know  that  he  had  the  habit  of  regularly  read- 
ing prayers  in  his  private  room. 

If  I was  asked,  Who  of  all  the  judges  you  have 
known  do  you  consider  to  have  been  the  best  fitted 
for  that  high  office,  taking  into  the  account  integrity 
o£  character,  learning,  deportment,  balance  of  mind, 
natural  temper  and  disposition,  and  ability  to  ascer- 
tain and  regard  the  true  merits  of  a cause,  as  deter- 
mined by  the  law  that  he  was  called  to  administer,  I 
should  say  Bushrod  Washington.  And  next  to  him 
I should  place  Charles  Ewing.  This  is  my  individual 
judgment ; and  I have  formed  it  without  forgetting 
that  it  has  been  my  happy  lot  to  sit  on  the  bench  as 
the  associate  of  judges  who  have  adorned  their  sta- 
tions, and  who  have  always  treated  me  with  the  kind- 
ness and  respect  due  to  an  elder  brother. 

William  Griffith  was  a judge  of  one  of  the  circuit 
courts  of  the  United  States  for  a short  time,  at  too 


294 


• REMINISCENCES  OF  NEW  JERSEY. 


early  a date  for  me  to  have  an}T  personal  knowledge 
of  him  in  that  capacity.  I became  acquainted  with 
him  in  the  year  1820,  when  he  was  a prominent 
member  of  the  house  of  Assembly,  taking  an  active 
part  in  the  revision  of  the  laws  of  the  State  made  in 
that  year.  In  1823  he  was  again  a member  of  that 
house,  in  which  I served  with  him. 

Mr.  Griffith  was  the  son  of  Dr.  John  Griffith,  who 
lived  at  Boundbrook,  in  Somerset  County,  and  was 
born  in  the  year  1766.  He  studied  law  in  the  office 
of  Elisha  Boudinot,  at  Newark,  and  in  conjunction 
with  Josiah  Ogden  Hoffman,  afterwards  a distin- 
guished lawyer  in  New  York,  Gabriel  H.  Ford,  Alex- 
ander C.  McWhorter,  and  Bichard  Stockton,  who  were 
law  students  in  the  same  town,  founded  the  “ Insti- 
tute Legalis,”  a sort  of  moot  court,  which  was  kept 
up  for  many  years,  and  which  helped  to  prepare  them, 
and  others  who  succeeded  them,  for  those  forensic 
encounters  in  which  they  became  famous.  What  the 
preparatory  training  of  Griffith  was,  I have  not  been 
able  to  ascertain ; but  it  is  certain  that  he  became  a 
learned  lawyer,  and  a very  able  advocate.  He  was 
licensed  as  an  attorney  in  1788,  and  in  due  time  as  a 
counselor,  and  in  1798  was  called  to  be  a sergeant. 
He  resided  and  married  at  Burlington,  when  he  went 
there  the  county  town,  and  for  many  previous  years 
the  capital  of  West  Jersey.  It  remained  a favorite 
residence  of  lawyers  in  good  practice  during  the  first 
quarter  of  the  present  century,  but  has  since  been 
nearly  abandoned  by  the  profession. 

The  Society  of  Friends  were  perhaps  the  most  in- 
fluential inhabitants  of  Burlington  at  this  time,  and  as 
is  well  known,  were  much  opposed  to  slave-holding. 
They  were  the  main  supporters  of  the  New  Jersey 


WILLIAM  GRIFFITH. 


295 


Society  for  promoting  the  Abolition  of  Slavery;  but 
Mr.  Griffith  as  well  as  many  other  citizens  were  also 
members  and  active  promoters  of  the  cause.  It  ap- 
pears by  a memoir  of  “ Quamino  Buccau,  a pious 
Methodist/’  published  by  William  J.  Allinson,  upon 
his  death  in  1851,  that  Quamino  and  his  wife  were 
the  slaves  of  Mr.  Griffith’s  father,  and  that  he  as  the 
executor  refused  to  allow  them  to  be  sold,  but  took 
them  into  his  own  service,  and  in  1806  had  them 
formally  manumitted. 

Mr.  Griffith  soon  acquired  a large  practice,  and  a 
deservedly  high  reputation  as  an  advocate.  I always 
heard  him  spoken  of  as  indefatigable  in  his  industry, 
and  untiring  in  his  devotion  to  his  clients,  sparing  no 
pains  to  obtain  success.  He  made  himself  thoroughly 
master  of  the  land  titles  of  New  Jersey,  and  of  the 
intricacies  of  the  common  law  governing  real  estate. 
I had  but  little  personal  knowledge  of  his  forensic 
efforts ; but  I have  heard  it  stated  that  his  addresses 
to  juries  were  sometimes  very  powerful,  and  that  upon 
one  occasion  he  so  wrought  upon  their  sympathies  as 
to  bring  them  to  tears  by  the  simple  repetition  of  the 
phrase,  “ Up  to  his  knees  in  water ; up  to  his  knees 
in  water.” 

He  was  one  of  the  few  lawyers  of  the  State,  who 
wrote  and  published  for  the  benefit  of  the  profession. 
In  1796,  he  published  a treatise  on  the  jurisdiction 
and  proceedings  of  justices  of  the  peace,  with  an  ap- 
pendix, containing  advice  to  executors  and  adminis- 
trators, the  law  of  landlord  and  tenant,  and  other 
matters.  He  states  in  the  preface  to  this  work,  that 
he  had  held  the  office  of  surrogate  for  some  years, 
and  had  thus  experience  of  the  information  required. 
This  was  a valuable  book,  of  which  three  or  four  edi- 


296 


REMINISCENCES  OF  NEW  JERSEY. 


tions  were  published  ; and  being  the  production  of  an 
able  lawyer,  may  on  many  questions  be  still  con- 
sulted with  advantage.  In  1799,  he  published  a se- 
ries of  essays,  fifty-three  in  all,  over  the  signature  of 
“Eumenes,”  exposing  the  defects  of  the  constitution 
of  the  State  hastily  adopted  in  1776,  and  bearing  on  its 
face  the  evidence  that  it  was  expected  by  its  framers 
to  be  temporary,  and  urging  the  election  of  a conven- 
tion to  revise  it.  The  popular  feeling,  however,  was 
decidedly  opposed  to  any  change,  so  that  the  propo- 
sition to  call  a convention  was  voted  down  in  the 
legislature.  Indeed  the  fact  that  a change  was  mainly 
urged  by  lawyers,  seems  to  have  been  thought  an  all 
sufficient  reason,  with  the  popular  party  at  that  time, 
and  for  years  afterward,  to  resist  every  attempt  to 
remedy  its  defects. 

At  the  close  of  the  administration  of  John  Adams, 
and  after  the  election  of  Mr.  Jefferson,  an  act  of  Con- 
gress was  passed,  very  proper  in  itself,  but  hastened 
as  a party  measure  and  by  a party  vote,  establishing 
six  new  circuit  courts,  with  each  a chief  justice  and 
two  associate  justices.  Among  the  last  acts  of  the 
outgoing  President,  was  the  nomination  of  these 
judges  and  their  confirmation,  at  midnight,  or  as  was 
said,  after  that  hour,  so  that  they  were  called  mid- 
night judges,  all  of  the  one  party.  For  the  third 
circuit,  composed  of  the  States  of  New  Jersey,  Penn- 
sylvania, and  Delaware,  the  judges  selected  were  Wil- 
liam Tilghman,  of  Pennsylvania,  chief  justice,  after- 
wards for  many  years  the  distinguished  chief  justice 
of  the  supreme  court  of  that  State  (appointed  by 
Governor  McKean,  himself  a Democrat);  William  Grif- 
fith, of  New  Jersey;  and  Richard  IJassett,  of  Delaware. 
These  were  all  capable,  men;  but  party  feelings  were 


WILLIAM  GRIFFITH. 


297 


too  highly  excited  to  expect  them  to  remain,  and  the 
result  was,  that  the  next  year  the  law  establishing 
these  courts  was  repealed.  It  was  strongly  insisted, 
and  not  without  reason,  that  this  summary  mode  of 
displacing  judges,  appointed  and  commissioned  as  re- 
quired by  the  Constitution  to  hold  their  offices  during 
good  behavior,  was  in  the  face  of  the  letter  and  the 
spirit  of  the  Constitution.  Judge  Bassett  published 
in  his  own  name  a vigorous  protest,  drafted  as  I 
learned  from  himself  by  Mr.  Griffith,  which  expressed 
the  opinions  of  all  the  judges,  although  only  one 
signed  it.  But  it  proved  of  no  avail ; no  attempt 
was  afterwards  made  to  resuscitate  the  courts,  or  to 
compensate  the  judges.  It  happened  then,  as  it  has 
since,  that  the  Constitution  forms  but  a feeble  bar- 
rier against  the  will  of  a large  majority  of  the  people, 
when  disposed  to  carry  out  measures  supposed  to  be 
for  the  public  good. 

The  court  held  but  two  terms,  in  May  and  October, 
1801.  The  cases  decided  are  contained  in  a small 
volume,  entitled  “Reports  of  Cases  adjudged  in  the 
•Circuit  Court  of  the  United  States  for  the  Third  Cir- 
cuit,” by  John  B.  Wallace.  The  opinions,  delivered 
p*rincipally  by  the  chief  justice  and  Mr.  Griffith,  ap- 
pear to  have  been  carefully  prepared,  but  none  of 
them  are  important  now. 

Mr.  Griffith  was  but  a young  man  when  thus  com- 
pelled to  resume  his  business  as  an  adyocate ; but  he 
does  not  appear  to  have  taken  to  it  with  any  zealous 
energy.  He  soon  engaged  in  large  speculation  in  the 
sale  of  lands ; and  upon  the  breaking  out  of  the  war 
with  Great  Britain,  in  1812,  was  induced  to  enter  into 
the  business  of  manufacturing  woollen  and  cotton 
goods,  of  which  he  was  entirely  ignorant.  The  result 


298 


REMINISCENCES  OF  NEW  JERSEY. 


was  the  total  wreck  of  all  his  property,  and  an  incum- 
brance of  debts,  from  which  he  was  never  able  to  free 
himself.  His  own  experience  as  a debtor  led  him, 
when  a member  of  the  legislature,  to  prepare  and  to 
succeed  in  having  enacted  into  a law  the  act  passed 
February  23,  1820,  entitled  “An  act  to  secure  to 
creditors  an  equal  and  just  division  of  the  estates  of 
debtors,  who  convey  to  assignees  for  the  benefit  of 
creditors.”  It  became  a law  at  a period  of  great  pe- 
cuniary pressure,  growing  out  of  a return  from  the 
inflated  currency  prevailing  during  the  war,  to  a cur- 
rency equal  to  gold  and  silver ; and  put  an  end  to  the 
then  very  common  and  justly  complained  of  practice 
of  making  assignments,  which  gave  some  creditors  a 
preference  over  others  equally  meritorious.  When  I 
first  knew  him  he  was  a broken  down  man ; but  as  a 
member  of  the  legislature,  exercised  a very  powerful 
influence,  most  commonly,  however,  rather  in  a covert 
and  indirect,  than  by  an  open  advocacy  of  his  favor- 
ite measures.  This  course  was  no  doubt  in  part  pro- 
duced by  his  being  so  long  engaged  in  the  earnest 
and  unsuccessful  efforts  of  his  party  to  obtain  the 
ascendency  they  had  lost.  He  was  among  those  Fed- 
eralists who  preferred  Jackson  to  John  Quincy  Adams, 
but  did  not  live  to  see  him  President. 

About  the  year  1820  he  engaged  in  preparing  a 
work,  of  which  volumes  three  and  four  were  subset 
quently  published  under  the  title  of  “Annual  Regis- 
ter of  the  United  States,”  and  which  contained  a very 
reliable  account  of  the  officers,  laws,  and  regulations 
of  each  of  the  then  twenty- four  States.  It  was  in- 
tended to  continue  this  work  by  annual  corrections, 
but  he  did  not  live  to  complete  his  plan.  The  laws 
and  regulations  of  New  Jersey  will  be  found  in  the 


WILLIAM  GRIFFITH. 


299 


fourth  volume.  I have  always  understood  that  the 
answers  to  the  queries  which  form  the  text  of  this 
work  were  furnished  by  General  Wall ; but  the  notes, 
some  of  which  are  quite  elaborate,  were  written  by 
Mr.  Griffith  himself,  and  as  aids  for  understanding  the 
history  of  our  state  laws  they  are  still  valuable.  As 
a general  introduction  to  this  work,  he  commenced 
“ Historical  Notes  of  the  American  Colonies  and  Rev- 
olutions, from  1754  to  1775,”  which  was  meant  to  aid 
in  forming  a history  by  the  means  of  annals  and  of 
documents  at  large,  of  the  government  of  the  colonies 
to  the  peace  in  1783.  It  was  partly  printed,  but  left 
in  an  unfinished  state.  Some  copies  were  sold  by 
his  executors  after  his  decease ; but  it  is  very  little 
known.  From  a cursory  perusal,  I should  say  it  is  a 
valuable  addition  to  the  constitutional  and  legal  his- 
tory of  the  country.  Among  other  suggestions  in 
regard  to  the  nature  of  the  government  of  the  United 
Colonies  during  the  Revolution,  I was  much  im- 
pressed by  the  remark,  that  the  Continental  Congress, 
although  it  sometimes  adjourned,  and  its  members 
were  changed  from  time  to  time,  was  never  suspended 
or  dissolved,  until  it  gave  way  to  the  Constitution  in 
1789,  and  that  the  articles  of  the  confederation  oper- 
ated rather  to  restrict  than  to  confirm  or  enlarge  its 
power. 

Upon  the  death  of  Elias  B.  Caldwell,  early  in  1826, 
Mr.  Griffith  was  appointed  clerk  of  the  supreme  court 
of  the  United  States,  expecting  afterwards  to  reside 
at  Washington,  to  which  place  his  son-in-law,  Richard 
S.  Coxe,  Esq.,  had  removed ; but  he  lived  to  fulfill  the 
duties  of  that  .place  but  a short  time,  having  died  on 
the  seventh  of  J une  of  that  year,  a few  months  after 


300 


REMINISCENCES  OF  NEW  JERSEY. 


he  had  attained  the  age  of  sixty  years.  Coxe’s  Re- 
ports, of  which  only  one  volume  was  published,  and 
which  contains  the  earliest  decisions  of  the  supreme 
court  of  this  State  that  were  published,  I have  always 
understood  were  mainly  derived  from  notes  of  the 
cases  preserved  by  Mr.  Griffith. 


CHAPTER  XI. 


JUDGES  I HAVE  KNOWN. 

ANDREW  KIRKPATRICK.  WILLIAM  ROSSELL.  GABRIEL  H.  FORD. 

GEORGE  K.  DRAKE.  THOMAS  C.  RYERSON. 

A NDREW  KIRKPATRICK  was  chief  justice  of 
the  supreme  court  when  I was  examined  for 
license  as  attorney  at  law,  in  May,  1815.  His  asso- 
ciates were  William  Rossell  and  Mahlon  Dickerson. 
Examinations  were  held  at  that  time  in  the  even- 
ing, at  the  hotel  where  one  or  more  of  the  judges 
had  their  chambers,  and  were  commonly  followed  by 
an  entertainment  furnished  by  the  licentiates.  The 
examiners  were  required  to  be  of  the  degree  of  ser- 
geants, and  only  members  of  the  bar  of  the  degree 
for  which  the  examination  took  place  were  allowed 
to  be  present,  as  is  still  the  rule.  The  practice  of 
holding  the  examination  at  a tavern,  which  exposed 
the  young  men  not  only  to  a needless  expense,  but 
to  a dangerous  temptation,  has  been  happily  abol- 
ished ; it  now  takes  place,  as  is  well  known,  during 
the  regular  sitting  of  the  court. 

At  May  term,  1818,  when  I was  first  admitted  as  a 
counselor,  and  thus  permitted  to  appear  before  the 
court  as  an  advocate,  I was  present  at  a scene  the 
most  extraordinary  I ever  witnessed  in  a court  of 
justice.  It  occurred  in  the  case  of  the  State  ps.  Trum- 
bull, reported  in  1 Southard  R.  139.  It  was  an  epi- 
sode in  the  famous  case  of  Ogden  vs.  Gibbons,  referred 


302 


REMINISCENCES  OF  NEW  JERSEY. 


to  in  my  reminiscence  of  Colonel  Ogden.  Trumbull 
was  son-in-law  of  Gibbons,  and  commenced  an  action 
against  him  in  New  York,  for  an  atrocious  libel  upon 
his  own  daughter,  contained  in  a pamphlet  he  had 
caused  to  be  printed,  as  was  understood  for  the  pur- 
pose of  coercing  her  mother  (an  exemplary  woman, 
who  had  been  obliged  to  separate  from  him)  and 
family  to  act  in  accordance  with  his  wishes ; and  it 
happened  that  this  case  was  expected  to  come  on  for 
trial  at  New  York  at  the  same  time  the  case  of  Ogden 
vs.  Gibbons  was  noticed  for  trial  at  Newark.  Gibbons 
caused  a subpoena  to  be  issued  for  Trumbull  as  a wit- 
ness ; but  he  failed  to  appear  when  the  case  was 
called,  and  for  that  alleged  reason  Gibbons  had  the 
trial  postponed. 

The  failure  of  Trumbull  to  appear  was  made  the 
ground  of  an  application  to  attach  him  for  a con- 
tempt. Mr.  Van  Arsdale,  as  the  counsel  of  Gibbons, 
moved  for  the  rule,  just  before  the  adjournment  for 
dinner,  and  Mr.  Gibbons  appeared  in  person  to  sup- 
port the  motion.  Upon  the  opening  of  the  court  in 
the  afternoon,  Richard  Stockton,  on  behalf  of  Trum- 
bull, spoke  in  opposition  to  the  motion.  Instead  of 
confining  himself  to  the  bare  merits  of  the  question  — 
for  besides  the  excuse  for  absence,  which  of  itself 
would  have  been  a sufficient  answer  to  the  applica- 
tion for  the  extraordinary  proceeding  of  an  attach- 
ment against  a defaulting  witness,  which  the  court 
said  had  not  been  granted  for  twenty  years,  and 
which  in  the  experience  of  more  than  fifty  years  I 
have  never  known  to  be  asked  for,  it  was  not  shown 
that  the  writ  had  been  served  within  the  jurisdiction 
of  the  court  — he  indulged  in  a most  excoriating  at- 
tack upon  the  character  and  motives  of  Gibbons,  all 


ANDREW  KIRKPATRICK. 


303 


of  which  was  richly  deserved,  but  was  very  unwise 
on  that  occasion.  The  individual  attacked  was 
wholly  regardless  of  public  opinion,  and  in  fact  was 
much  pleased  to  be  afforded  a desired  opportunity 
of  indulging  the  sarcasm  and  wit  of  which  it  soon 
appeared  he  was  as  great  a master  as  his  opponent. 

As  soon  as  Mr.  Stockton  had  concluded,  Mr.  Gib- 
bons, who  was  then  a very  large  man,  advanced  in 
years,  and  enfeebled  by  debauchery,  half  rising  from 
the  large  arm-chair  on  which  he  sat,  begged  per- 
mission to  reply,  and  to  be  allowed  to  sit  down. 
Chief  Justice  Kirkpatrick,  with  Judges  Rossell  and 
Southard,  composed  the  court,  and  accorded  the 
desired  permission.  Such  another  torrent  of  vitu- 
peration and  sarcastic  retort,  mingled  with  flashes  of 
real  wit,  I had  never  heard.  Soon,  not  only  the  mem- 
bers of  the  bar  present,  although  most  of  them  ven- 
erated Mr.  Stockton,  sympathized  with  his  client,  and 
detested  Gibbons  and  his  proceedings,  indulged  in 
laughter  at  sallies  of  wit  which  were  irresistible,  in 
which  the  court  soon  joined,  and  at  length  the  court- 
room resounded  with  shouts  of  laughter;  and  I well 
recollect  that  Colonel  Joseph  W.  Scott,  then  full  of  life 
and  vivacity,  now  the  oldest  member  of  the  bar,  the 
only  survivor  besides  myself  of  those  present,  ran 
out  behind  the  high  circular  rows  of  seats,  then  ar- 
ranged for  the  jurors,  witnesses,  and  spectators,  the 
back  of  which  was  higher  than  his  head,  so  as  to 
conceal  him  from  the  view  of  the  court,  clapped  his 
hands  and  danced  about  with  unrestrained  glee.1 

When  the  argument,  if  argument  it  could  be  called, 
was  closed,  we  were  all  curious  to  hear  how  the  court 
would  treat  the  case.  We  were  not  disappointed  in 

1 Since  this  was  written  Colonel  Scott  has  died  at  the  great  age  of  ninety-three. 


304 


REMINISCENCES  OF  NEW  JERSEY. 


the  result.  After  a short  consultation,  the  chief 
justice  resumed  that  dignity  which  was  so  natural 
to  him,  and  with  his  clear,  distinct,  melodious  voice, 
and  well  chosen  diction,  commenced  by  saying  that 
probably  some  surprise  might  have  been  excited 
that  the  court  did  not  interfere  and  suppress  what 
was  certainly  a rather  unseemly  exhibition ; but  the 
court  must  confess  that  they  felt  some  curiosity,  in 
which  it  was  presumed  the  bar  participated,  to  know 
how  a counselor  of  great  reputed  eminence  from  a 
foreign  court  was  accustomed  to  manage  his  cases, 
and  by  what  means  he  had  acquired  his  reputation 
as  an  advocate.  He  then  went  on  to  deny  the  motion, 
for  the  reasons  stated  in  the  report  by  Mr.  Southard. 

Kirkpatrick  was  the  grandson  of  Alexander  Kirk- 
patrick, a Scotch  Presbyterian  who  migrated  first  to 
Belfast  in  Ireland,  and  after  a few  years’  residence 
there,  sailed  for  America  with  his  family  in  1736.  He 
settled  in  Somerset  County,  about  two  miles  west  of 
Baskingridge,  and  died  in  1758.  His  second  son 
was  named  David,  who,  soon  after  the  death  of  his 
father,  purchased  the  homestead  of  his  brother,  which, 
according  to  the  law  of  that  day,  had  descended  to 
the  eldest  son.  David  Kirkpatrick,  as  described  in 
the  memoir  prepared  by  James  Grant  Wilson,  and 
printed  for  the  chief  justice’s  daughter,  was  a rigid 
Presbyterian  of  the  John  Knox  school,  plain  and 
simple  in  his  habits,  of  strict  integrity  and  sterling 
common  sense,  of  great  energy  and  self-reliance.  He 
lived  to  attain  his  ninety-first  year ; educated,  with 
a view  to  his  entering  the  ministry,  one  son  at  the 
College  of  New  Jersey ; knew  of  at  least  six  grandsons 
who  were  liberally  educated;  and  at  his  death,  in 
1814,  left  a numerous  posterity  to  bless  his  memory 


ANDREW  KIRKPATRICK. 


305 


Although  he  lived  two  miles  from  the  church  at 
Baskingridge,  he  preferred  always  to  walk,  while  the 
family  rode  ; and  when  a member  of  the  legislature, 
although  he  would  commence  the  journey  on  horse- 
back, he  soon  dismounted,  and  leading  his  horse, 
walked  the  remainder  of  the  way  to  Trenton.  Both 
as  to  the  great  concerns  of  eternity,  and  the  things 
of  time,  he  seems  to  have  acted  in  the  spirit  of  the 
short  and  comprehensive  motto  of  the  Kirkpatricks, 
so  well  adapted  to  every  situation  and  condition  of 
life,  “ I mak  sicker ,”  I make  sure.  He  was  buried  in 
a coffin  made  from  the  wood  of  a walnutrtree,  planted 
by  him  in  boyhood,  and  which  he  caused  to  be  cut 
down  a few  years  before  his  death,  and  kept  for  that 
purpose.  His  wife  was  Mary  M’Ewan,  a native  of 
Argyleshire,  who  with  her  family  crossed  the  At- 
lantic in  the  ship  in  which  the  Kirkpatricks  took 
passage.  She  died  1795. 

Andrew,  the  third  son  of  David,  was  born  in  Som- 
erset County,  February  17,  1756,  and  spent  his  boy- 
hood there.  He  received  the  best  education  the 
times  afforded,  and  graduated  at  Princeton  College 
in  1775,  during  the  presidency  of  Dr.  Witherspoon. 
He  was  accustomed  to  walk  to  and  fro  between  his 
father’s  residence  and  Princeton,  a distance  of  not 
less  than  thirty  miles,  carrying  his  homespun  and 
home-made  clothing  in  a small  knapsack.  His  father 
had  educated  him  with  a special  view  to  the  ministry 
in  the  Presbyterian  Church,  and  after  his  graduation 
he  commenced  a course  of  theological  studies  with 
the  Rev.  Mr.  Kennedy,  a celebrated  Scotch  divine 
settled  at  Baskingridge.  A few  months’  study  sat- 
isfied him  that  he  ought  not  to  enter  the  ministry, 
and  he  determined  to  study  the  law.  To  do  this  he 
20 


306 


REMINISCENCES  OF  NEW  JERSEY. 


was  obliged  to  relinquish  any  pecuniary  support  from 
his  father,  and  to  rely  upon  his  own  exertions.  His 
mother  presented  him  with  all  her  little  hoard  of 
ready  money,  consisting  of  a few  pieces  of  gold,  as 
she  saw  him,  with  many  tears,  her  handsome  son 
and  the  pride  of  her  heart,  depart  to  carve  out  un- 
aided his  own  career  in  the  world. 

Now  in  his  twenty-first  year,  he  resorted  for  a sup- 
port and  to  procure  resources  for  his  future  studies 
as  a lawyer,  to  the  business  of  teaching.  He  first  be- 
came a tutor  in  the  Taliaferro  family  of  Virginia,  in 
which  Mr.  Southard  afterwards  filled  the  same  place ; 
subsequently  at  Esopus,  Ulster  County,  New  York ; 
and  then  obtained  the  position  of  classical  instructor 
at  Rutger’s  (then  Queen’s)  College  grammar  school. 
While  thus  engaged  in  teaching,  he  pursued  with 
diligence  in  his  leisure  hours  the  study  of  the  law. 
Soon  he  entered  the  office  of  William  Paterson,  then 
an  eminent  counselor,  afterwards  governor,  as  a 
regular  student,  and  was  licensed  as  an  attorney  in 
1785,  when  he  had  attained  the  age  of  twenty-nine. 
He  then  took  up  his  residence  in  Morristown,  and 
succeeded  in  obtaining  a respectable  practice.  Hav- 
ing the  misfortune  to  lose  his  small  library  by  fire 
in  1787,  he  returned  to  New  Brunswick,  where  he 
continued  to  reside  during  the  remainder  of  his  life. 
His  practice  was  soon  considerable,  — a result  which 
has  been  always  attributed  to  his  untiring  industry 
and  to  his  attention  to  his  favorite  maxim,  that 
“Whatever  is  worth  doing  at  all,  is  worth  doing 
well.”  That  he  was  naturally  energetic,  and  that  he 
was  capable  of  great  exertion,  I do  not  doubt ; his 
acquirements  as  a profound  lawyer  attest  that,  and 
that  the  natural  powers  of  his  mind  were  of  the 


ANDREW  KIRKPATRICK. 


307 


highest  order ; but  when  I knew  him  he  was  not  an 
industrious  student,  and  did  not  claim  to  be. 

In  the  year  1792  he  married  Miss  Jane  Bayard, 
the  beautiful  daughter  of  Colonel  John  Bayard,  of  rev- 
olutionary memory,  a distinguished  citizen  of  Penn- 
sylvania, who  removed  a few  years  before  to  New 
Brunswick.  Andrew  Kirkpatrick  and  Jane  Bayard 
were  at  the  time  of  their  marriage  called  the  hand- 
somest couple  in  New  Brunswick,  which  I can  readily 
believe  from  my  recollection  of  them,  after  they  had 
long  passed  the  middle  age  of  life. 

In  1797  he  was  elected  one  of  the  members  of 
Assembly  from  the  County  of  Middlesex ; and  at  the 
adjourned  session  in  November  of  that  year  was  ap- 
pointed by  the  joint  meeting  one  of  the  justices  of 
the  supreme  court,  to  fill  the  vacancy  occasioned  by 
the  resignation  of  Mr.  Justice  Chetwood.  Upon  the 
death  of  Chief  Justice  Kinsey,  in  1803,  he  was  elected 
by  a democratic  joint  meeting  chief  justice,  and 
having  been  twice  afterwards  reelected,  he  sat  as  a 
judge  of  the  supreme  court  twenty-seven  years,  a 
longer  term  than  any  other  judge  except  Isaac 
Smith.  He  was  at  the  bar  about  twelve  years,  but 
spent  most  of  his  professional  life  on  the  bench.  In 
1820  he  was  elected  a member  of  the  legislative 
council,  the  constitution  then  in  force  admitting  such 
a union  of  offices.  He  did  not  take  a very  active 
part  in  legislation.  But  little  indeed  was  done.  The 
legislature  met  October  24,  and  adjourned  Novem- 
ber 21,  sine  die . All  the  laws  enacted  for  that  year, 
public  and  private,  are  contained  in  thirty  printed 
pages,  a striking  contrast  to  the  fourteen  hundred 
pages  of  modern  yearly  statutes,  most  of  which  are 
worse  than  useless. 


308  REMINISCENCES  OF  NEW  JERSEY. 

When  I first  became  acquainted  with  him,  he  had 
attained  the  full  maturity  of  his  powers,  and  was 
certainly  the  most  imposing  judge  I have  ever  seen. 
He  was  a very  handsome  man,  with  a white  head 
of  hair,  still  wearing  a cue,  but  not  requiring  the 
powder  with  which,  in  accordance  with  the  fashion, 
he  had  been  accustomed  to  whiten  it  at  an  earlier 
day.  He  had  a very  fair  complexion,  and  a remark- 
ably fine  voice.  He  spoke  and  wrote  correct  and  idi- 
omatic English;  was  a learned,  and  in  the  law  of 
real  estate,  a profoundly  learned  lawyer ; a complete 
master  of  the  abstruse  learning  of  Coke,  and  the 
black  letter  reporters,  but  not  well  versed  in  modern 
innovations,  which  he  regarded  as  blemishes  and  not 
as  improvements,  and  did  not  care  to  study.  His 
opinions,  as  published  in  Pennington  and  Halsted’s 
Reports,  upon  questions  relating  to  the  law  of  real 
estate,  deserve  the  most  careful  study  of  every  lawyer 
aspiring  to  understand  this  most  difficult  branch  of 
the  law.  They  will  be  found  to  exhibit  a fullness 
and  accuracy  of  knowledge,  a clearness  of  compre- 
hension, and  a justness  of  reasoning,  which  secured 
him  the  confidence  of  the  profession,  and  entitle 
him  to  rank  among  the  most  eminent  of  American 
jurists.  His  opinion  in  the  case  of  Johnson  vs.  Morris 
(2  Halsted  R.  6)  may  be  referred  to  as  showing  his 
complete  mastery  of  the  questions  discussed,  and  a 
good  specimen  of  his  easy  and  perspicuous  style.  It 
may  be  said,  too,  that  his  decisions,  although  of 
course  often  questioned,  were  generally  correct,  and 
have  been  commonly  sustained.  The  most  import- 
ant case  decided  by  him  was  Arnold  vs.  Mundy  (1 
Halsted  R.  1),  and  his  charge  to  the  jury,  and 
mature  opinion  delivered  from  the  bench,  are  fine 


ANDREW  KIRKPATRICK. 


309 


specimens  of  his  judicial  style,  although  it  is  to  be 
regretted,  I think,  that  he  adhered  closely  to  the 
common  law  of  England,  and  did  not  sufficiently  con- 
sider the  altered  circumstances  and  habits  of  a newly 
settled  country. 

If  I make  a truthful  statement  of  the  character- 
istics of  Chief  Justice  Kirkpatrick,  I must  acknowl- 
edge, although  he  had  some  very  high  qualifications 
for  his  office,  he  had  also  some  very  grave  defects. 
As  before  suggested,  he  did  not  keep  pace  with  the 
changes  of  the  law,  in  his  time  very  great,  especially 
in  cases  involving  the  law  of  personal  property  and 
negotiable  instruments.  He  was  the  reputed  author, 
and  if  not  the  author,  he  certainly  approved  and 
enforced  the  act  of  Assembly  passed  in  1779,  and 
reenacted  in  1801,  which  forbade  the  reading  in  our 
courts  of  any  adjudication,  decision,  digest,  or  book, 
made  in  Great  Britain  after  the  year  1776.  It  was 
repealed  in  1818;  but  even  after  that,  he  frequently 
exhibited  impatience  when  a modern  English  treatise 
was  cited ; and  I have  heard  him  say  that  if  a man 
had  a cause  of  sufficient  importance  and  desired  to 
gain  it,  all  he  need  do  was  to  send  to  England  and 
have  a treatise  written,  taking  his  desired  view  of  the 
law  applicable  to  the  case,  and  the  American  courts 
would  be  pretty  sure  to  follow  it. 

The  members  of  the  bar,  and  especially  the  younger 
ones,  complained  that  he  often  failed  to  listen  pa? 
tiently  to  their  arguments,  and  sometimes  checked 
them  with  “ caustic  severity.’’  I remember  that  when 
about  to  commence  an  argument  before  the  court 
myself,  one  of  them  (William  Chetwood,  of  Elizabeth- 
town, I think  it  was)  whispered  to  me,  “ If  the  old 
chief  snubs  you,  point  your  finger  over  your  shoulder, 


310 


REMINISCENCES  OF  NEW  JERSEY. 


and  see  if  he  won’t  take  the  hint.”  The  significance 
of  this  remark  will  be  understood  when  I state  that 
I happened  at  the  time  (1823)  to  be  speaker  of  the 
House  of  Assembly,  which  then  was  in  session  in  the 
room  back  of  me,  and  that  his  term  of  office  was 
about  to  expire.  In  point  of  fact,  the  next  year,  so 
strong  was  the  opposition  to  his  reappointment,  that 
another  was  selected  in  his  place.  I had  no  part  in 
this  movement,  and  regretted  it,  although  his  suc- 
cessor was  a man  eminently  fitted  for  the  position. 
I had  no  occasion  to  complain  of  my  treatment  at 
the  time  referred  to,  nor  do  I recollect  but  one  oc- 
casion when  he  gave  me  any  ground  of  complaint, 
and  then  I probably  deserved  the  rebuke,  if  so  it 
might  be  called.  Once  when  he  thought  I had  said 
all  the  case  required,  or  was  weary,  he  took  out  his 
watch,  and  looking  at  it  very  earnestly,  turned  the 
face  towards  me  so  significantly  that  I soon  took  the 
hint. 

Apropos  of  long  arguments,  a circumstance  oc- 
curred about  this  time  which  occasioned  no  little  mer- 
riment. Charles  Kinsey,  a son  of  Chief  Justice  Kinsey, 
then  a good  lawyer,  in  full  practice,  but  apt  to  be 
rather  prosy,  was  associated  with  Colonel  Warren 
Scott.  The  latter  having  made  his  argument  left  the 
court  while  Mr.  Kinsey  was  speaking.  It  happened, 
that  at  the  next  term,  when  he  entered  the  court- 
room, Mr.  Kinsey  was  again  on  his  feet.  Scott  going 
near,  lifted  up  his  hands  in  mock  astonishment,  and 
exclaimed,  in  a whisper,  loud  enough  to  be  heard  and 
enjoyed  by  court  and  bar,  “ What,  Charley,  at  it  yet?” 

When  the  legislature  met  in  1824,  it  soon  ap- 
peared that  the  chief  could  not  be  reelected.  It 
was  currently  said  that  one  rising  member  of  the  bar 


WILLIAM  ROSSELL. 


311 


was  elected  a member  of  the  Assembly  with  the 
avowed  object  of  preventing  it.  Party  politics  had 
very  much  subsided,  and  had  it  been  otherwise,  he 
had  no  hold  on  either  of  the  old  parties,  and  although 
he  received  a respectable  vote  in  the  joint  meeting, 
he  had  no  personal  friends  there.  He  spent  the  re- 
mainder of  his  days  in  the  bosom  of  his  family  at  New 
Brunswick,  without  employment,  except  it  might  be 
to  give  an  occasional  opinion  as  counsel,  when  spe- 
cially consulted.  From  1809  until  his  death  he  was 
one  of  the  trustees  of  Princeton  College,  and  seldom 
failed  to  attend  the  meetings  of  the  board.  He  died 
in  1831. 

During  the  twenty-one  years  that  Kirkpatrick  was 
chief  justice,  there  were  two  associate  justices,  and 
these  at  different  periods  were,  William  S.  Penning- 
ton, William  Rossell,  Mahlon  Dickerson,  Samuel  L. 
Southard,  and  Gabriel  H.  Ford,  all  of  whom  became 
governors  of  the  State,  except  Rossell  and  Ford,  and 
have  been  remembered  in  that  connection.  Some  of 
these  were  men  of  considerable  intelligence  and  learn- 
ing ; but  it  may  be  safely  asserted  that  the  chief 
justice  was  head  and  shoulders  above  them  all  ex- 
cept Southard. 

William  Rossell  was  an  honest,  industrious  judge, 
of  excellent  character  and  good  judgment,  who  was 
elected  by  the  Republicans,  as  he  once  said  to  me 
himself,  because  they  had  no  good  lawyer  of  the 
party  in  the  western  part  of  the  State,  willing  and 
fit  to  take  the  office,  and  because,  being  an  active 
and  influential  politician  in  Burlington  County,  where 
he  resided,  he  had  been  for  that  reason  persecuted  by 
some  of  the  Federalists.  For  many  years  after  he 


312 


REMINISCENCES  OF  NEW  JERSEY. 


became  judge  he  was  one  of  the  most  influential 
leaders  of  the  democratic  party  in  the  State;  although 
I do  not  remember  that  he  was  accused  of  allowing 
politics  to  influence  him  on  the  bench.  His  good 
sense  led  him  generally  to  concur  with  the  chief 
justice,  and  some  of  his  reported  opinions  read  very 
well.  But  his  total  lack  of  legal  knowledge,  espe- 
cially in  matters  of  practice  and  pleading,  was  so  much 
complained  of  by  the  lawyers  of  the  circuit  which  he 
attended,  that  in  1820  an  act  was  passed,  requiring 
the  justices  of  the  supreme  court  so  to  arrange  the 
several  circuits  in  the  State,  there  being  no  judicial 
districts  established  by  law,  as  now,  that  no  justice 
should  hold  the  circuit  court  in  the  same  county 
two  terms  in  succession,  unless  in  the  opinion  of  the 
court  there  should  be  a necessity  therefor. 

This  hard  law  continued  in  force  and  was  complied 
with,  to  the  great  inconvenience  of  the  judges,  until 
1846.  When  this  law  was  passed  there  were  two 
circuit  courts  held  each  year  in  all  the  counties  (thir- 
teen in  number)  except  Cape  May,  in  which  there 
was  only  one.  The  other  courts  had  four  terms  in 
each  year  until  1855,  when  they  were  reduced  to 
three,  and  the  circuit  courts  in  all  the  counties  were 
required  to  have  three  terms  yearly. 

I must  confess  that  although  I had  been  active  in 
procuring  this  law,  I could  not  help  feeling  regret 
when  a judge  from  the  northern  part  of  the  State 
was  obliged  to  attend  one  of  the  southern  circuits 
and  spend  two  days  on  the  road  going  and  the  same 
returning,  with  a very  inadequate  compensation.  It 
should  be  mentioned  that  in  those  days  the  judge 
seldom  or  never  took  up  his  quarters  at  a hotel,  but 
was  gladly  entertained  by  some  member  of  the  bar 


GABRIEL  H.  FORD. 


313 


Upon  the  death  of  Judge  Pennington  in  1826, 
Rossell  was  strongly  recommended  for,  and  received 
the  appointment  of  judge  of  the  district  court  of 
the  United  States  for  New  Jersey,  a place  at  that  time 
of  great  respectability  and  very  little  labor,  like  the 
common  bench  in  England  at  the  same  period,  to 
which  judges  were  glad  to  retire  from  more  arduous 
duties.  When  he  retired  from  the  bench  of  the  su- 
preme court,  a meeting  of  the  bar,  under  the  lead  of 
Mr.  Frelinghuysen,  adopted  resolutions  highly  com- 
plimentary of  his  faithful  performance  of  the  duties 
of  his  office.  He  died  in  1840,  at  an  advanced  age. 

Upon  the  resignation  of  Mr.  Southard,  in  conse- 
quence of  his  election  to  the  senate  of  the  United 
States  in  1820,  Gabriel  H.  Ford  was  chosen  by  the 
joint  meeting  to  succeed  him,  receiving  one  vote  more 
than  Joseph  Mcllvaine,  the  contest  being,  not  polit- 
ical, but  between  East  and  West  Jersey. 

Gabriel  H.  Ford  was  the  son  of  Colonel  Jacob  Ford, 
and  inherited  from  his  father  the  house  which  became 
the  head-quarters  of  General  Washington  in  the  winter 
of  1779-80,  and  is  still  possessed  by  his  son.  He  grad- 
uated at  Princeton  College  in  1784,  studied  law  with 
Abraham  Ogden  of  Newark,  and  was  a member  of 
the  “Institutio  Legal  is,”  a sort  of  moot  court  of  which 
William  Griffith,  Richard  Stockton,  Alexander  C.  Mc- 
Whoster,  and  Josiah  Ogden  Hoffman  of  New  York, 
students  at  the  same  time,  all  afterwards  distinguished 
lawyers,  were  fellow-members,  and  which  was  kept 
up  with  great  spirit  many  years.  He  was  admitted 
as  an  attorney  in  1789,  and  as  a counselor  1793.  Mr. 
Ford  was  a man  of  very  considerable  talents  and 
learning,  and  an  eloquent  and  successful  advocate ; 


314 


REMINISCENCES  OF  NEW  JERSEY. 


but  never  took  a high  rank  as  a counselor  at  the  bar 
of  the  supreme  court,  where  he  seldom  appeared.  In 
the  year  1818  an  act  was  passed,  establishing  three 
judicial  districts  and  authorizing  the  appointment  of 
“some  fit  person  skilled  in  the  laws”  judge  for  each 
of  them,  to  be  president  of  the.  several  county  courts, 
and  to  hold  his  office  for  five  years.  This  was  de- 
signed to  remedy  the  evils  so  justly  complained  of 
by  the  bar  and  all  intelligent  citizens,  of  having  such 
important  courts  held  by  a fluctuating  number  of 
judges,  without  any  pretense  of  legal  learning,  and 
often  without  any  experience.  Judges  were  accord- 
ingly appointed,  but  only  Mr.  Ford,  whose  district 
consisted  of  the  counties  of  Bergen,  Essex,  Morris, 
and  Sussex,  as  then  constituted,  accepted  and  held 
the  courts.  Being  in  this  situation,  and  it  • being 
pretty  certain  that  the  law  under  which  he  was  ap- 
pointed would  be  soon  repealed,  as  it  was,  he  had  a 
fair  claim  to  the  vacant  place  on  the  bench  of  the 
supreme  court,  independent  of  his  acknowledged 
merits.  He  was  twice  reelected,  and  held  this  latter 
office  twenty-one  years,  when,  having  become  infirm 
in  health  and  somewhat  deaf,  he  acquiesced  in  the 
necessity  of  relinquishing  the  place  to  his  successor. 

During  the  most  active  years  of  my  professional 
life,  Gabriel  H.  Ford  was  one  of  the  judges  who  came, 
at  least  once  in  every  other  year,  to  the  circuit  courts 
I attended,  which  were  held  then  twice,  and  in  Cape 
May  only  once  a year.  He  was  a courteous  gentle- 
man, before  whom  it  was  a pleasure  to  appear,  al- 
though we  did  not  think  his  decisions  on  points  of  law 
very  reliable.  He  shone  most  in  charging  a jury,  dis- 
playing a power  of  persuasion  that  was  generally  ir- 
resistible. He  was  apt  to  be  severe  on  criminals,  and 


GABRIEL  H.  FORD. 


315 


sometimes  while  I was  the  public  prosecutor,  urged  the 
conviction  of  a defendant,  I thought,  very  unreasona- 
bly. His  judicial  integrity  was  never  questioned.  His 
opinions,  as  reported,  seem  to  me,  as  a general  rule, 
wanting  in  logical  force,  and  are  in  some  cases  curious 
specimens  of  judicial  reasoning. 

A novel  and  somewhat  amusing  scene  occurred  at  a 
court  of  oyer  and  terminer  held  in  the  County  of 
Cumberland,  in  the  year  1830,  at  which  Judge  Ford 
presided.  A man  named  Dilkes  had  not  long  before 
made  his  appearance,  who  professed  to  be  a prophet, 
and  gathered  round  him  quite  a circle  of  deluded  fol- 
lowers. He  received  as  divine  the  Old  Testament,  re- 
jecting the  New,  and  claimed  to  follow  as  far  as  possi- 
ble the  Jewish  law,  observing  the  Sabbath  so  strictly 
that  no  fire  was  to  be  used  on  that  day.  He  took  up 
his  residence  at  the  house  of  a maiden  lady  of  some 
property,  who  lived  with  him  as  his  wife,  upon  his  as- 
sumption that  he  was  entirely  above  all  human  laws. 
As  a means  of  putting  an  end  to  this  scandal,  some 
of  the  neighbors  complained  to  the  grand  jury,  and 
procured  indictments  against  them  both  for  fornication. 

When  the  trial  came  on,  he  made  his  appearance 
in  court,  accompanied  by  the  woman,  clad  in  a long 
white  robe,  and  with  a Bible  in  his  hand,  and  attempted 
to  repeat  a sort  of  unearthly  screech,  with  which  he 
had  been  accustomed  to  terrify  his  followers.  But  he 
was  so  cowed  by  the  stern  dignity  of  the  judge,  and 
all  the  circumstances  surrounding  him,  as  utterly  to 
fail,  and  sat  down  very  evidently  crestfallen. 

When,  as  prosecutor  of  the  pleas,  I was  about  to 
open  the  case,  I heard  the  woman  urging  him  to 
marry  her  in  due  legal  form,  and  I told  him  if  he  chose 
to  do  so,  I would  discontinue  the  proceedings.  He 


316 


REMINISCENCES  OF  NEW  JERSEY. 


declared  himself  willing,  and  I mentioned  the  proposal 
to  the  court.  To  my  great  surprise  the  judge  told 
them  to  stand  up,  asked  them  if  they  desired  to  be 
married,  and  upon  their  answering  in  the  affirmative, 
immediately  proceeded  with  a formal  marriage  cere- 
mony in  open  court,  and  pronounced  them  man  and 
wife.  I thereupon,  with  the  sanction  of  the  court, 
entered  nolle  prosequis  on  the  indictments,  and  the  new 
made  man  and  wife  were  discharged.  The  effect  of 
this  proceeding  was  to  destroy  the  influence  of  the 
pretended  prophet  over  his  followers,  and  to  compel 
him  very  soon  to  relinquish  his  pretensions  and  to 
leave  the  place.  The  judge  justified  the  marriage 
upon  the  ground  assumed  in  his  opinion  as  delivered 
in  the  case  of  Pearson  vs.  Howey,  6 Hal.  R.  IT,  that 
nothing  more  is  required  in  New  Jersey  to  constitute 
a valid  marriage  than  a mutual  contract  solemnized 
in  the  presence  of  witnesses,  and  besides,  he  thought 
himself  entitled  to  assume  the  functions  of  a justice 
of  the  peace,  by  virtue  of  his  office. 

When  he  retired  from  the  bench,  a meeting  of  the 
bar  adopted  resolutions  highly  commendatory,  in 
which  they  say  very  justly  : “ The  memories  of  those 
associated  with  him  upon  the  bench  and  at  the  bar 
will  bear  lasting  witness  of  his  untiring  patience  in  in- 
vestigation, his  purity,  and,  his  independence,  which 
led  him  at  all  times  to  adopt  as  a maxim,  ‘ Be  just  and 
fear  not ; ’ so  too  we  remember  and  gratefully  acknowl- 
edge the  constant,  unvarying,  and  distinguished  cour- 
tesy, which  throughout  the  many  years  of  his  judi- 
cial labors  marked  his  intercourse  with  the  bench  and 
bar.”  He  did  not  resume  his  practice  as  a lawyer, 
but  died  in  1849,  at  the  age  of  seventy-one. 


GEORGE  K.  DRAKE. 


BIT 


George  K.  Drake  was  the  son  of  Colonel  Jacob 
Drake,  his  mother  being  a sister  of  the  father  of  Mah- 
lon  Dickerson.  He  was  born  in  Morris  County,  in  the 
year  1788,  and  after  having  had  the  instruction  during 
several  years  of  the  Rev.  Dr.  Amzi  Armstrong  at  Mend- 
ham,  he  entered  Princeton  College,  and  graduated  in 
1808,  in  a class  of  which  Bishop  Meade  of  Virginia, 
Judge  Wayne  of  the  supreme  court  of  the  United 
States,  and  George  Wood,  were  members.  He  studied 
law  with  Sylvester  Russell  at  Morristown,  was  admit- 
ted as  an  attorney  in  1812,  as  a counselor  in  1815, 
and  as  a sergeant  at  law  in  1834. 

After  his  admission  to  the  bar,  he  opened  an  office 
at  Morristown,  and  continued  to  practice  law  there, 
until  he  was  made  a judge.  In  1823  he  was  elected 
a member  of  the  house  of  Assembly,  and  I had  then 
the  privilege  of  becoming  well  acquainted  with  him ; 
nor  did  I esteem  him  the  less  because  he  voted  for 
my  opponent  as  speaker,  he  being  a fellow-member 
from  his  own  county.  The  contest,  indeed,  was  a 
friendly  one,  each  candidate  voting  for  the  other,  as 
was  then  the  usual  custom.  He  was  reelected  for  the 
succeeding  three  years,  and  the  two  last  years  of  his 
service  was  the  Speaker.  At  a joint  meeting  held  in 
December,  1826,  he  was  chosen  justice  of  the  supreme 
court,  vice  Justice  Rossell.  It  often  occurred  that 
members  of  the  legislature  were  chosen  judges,  as  was 
natural,  and,  indeed,  generally  commendable,  because, 
in  such  cases,  the  members  had  thus  some  knowledge 
of  the  fitness  of  the  person  voted  for. 

Not  long  after  his  appointment,  Judge  Drake  re- 
moved his  residence  to  Burlington,  to  meet  the  wishes 
of  the  bar  in  West  Jersey,  no  other  judge  having  his 
residence  in  that  part  of  the  State.  In  a few  years 
he  removed  to  Trenton. 


818 


REMINISCENCES  'OF  NEW  JERSEY. 


Judge  Drake  was  not  a man  of  brilliant  talents ; but 
what  was  more  important,  he  was  of  excellent  dispo- 
sition and  character,  whose  integrity  and  fairness  were 
never  impeached.  His  opinion  in  the  case  of  Hen- 
drickson vs.  Decow  (Saxt.  R.  577),  which  prevented 
his  reappointment,  is  a fair  test  of  his  ability.  It  is 
well  expressed  and  fairly  reasoned,  and  is  in  all  re- 
spects correct.  He  was  a member  of  the  Presbyterian 
Church  and  a sincere  Christian,  and  was  led  by  his  zeal 
for  the  truth  to  put  his  decision  on  principles  which, 
inasmuch  as  the  case  did  not  necessarily  require  them 
to  be  assumed,  it  might  have  been  wiser  to  avoid. 

At  the  fall  election  in  1833,  the  losing  party,  most 
of  whom  had  previously  been  opposed  to  Jackson, 
cast  their  votes  very  generally  with  the  Democrats, 
and  this,  with  other  causes,  gave  to  that  party  a large 
majority,  in  both  branches  of  the  legislature.  It  soon 
appeared  that  their  great  object  was  to  strike  at 
Drake ; and  the  result  was  that  his  reelection  was 
defeated,  although  he  had  the  support  of  several 
Democrats,  and  among  others,  of  the  man  selected  to 
supplant  him,  who  very  reluctantly  accepted  the  of- 
fice when  he  became  satisfied  that  at  all  events  there 
must  be  a change.  Improper  as  such  a short  term  of 
office  as  seven  years  is,  this  is,  I believe,  the  only  case 
where  the  reappointment  of  a generally  acceptable 
judge  has  been  defeated  by  a single  obnoxious  de- 
cision. 

Upon  the  termination  of  his  office,  Judge  Drake  re- 
turned to  Morristown,  and  resumed  his  practice  as  a 
lawyer.  He  lived,  however,  but  a short  time,  having 
been  seized  with  an  attack  of  pleurisy  while  on  a visit 
to  his  brother-in-law,  Dr.  Woodruff,  at  Drakesville,  in 
1837,  which  terminated  his  life  before  he  had  reached 
the  age  of  fifty. 


THOMAS  C.  RYERSON. 


319 


Thomas  C.  Ryerson,  a justice  of  the  supreme  court 
four  years  and  a half,  was  the  third  son  of  Martin 
Ryerson  and  Rhoda  Hull,  and  born  May  the  4th,  1788, 
at  Myrtle  Grove,  Sussex  County,  N.  J.,  five  miles  west 
of  Newton,  the  county  seat.  He  was  a great-great- 
grandson  of  Martin  Ryerson  of  French  Huguenot  de- 
scent, who  emigrated  from  Holland  about  1660,  and 
settled  at  Flatbush,  on  Long  Island,  and  who  was  a 
member,  from  an  early  age,  of  the  Dutch  Reformed 
Church,  as  its  records  still  show,  and  for  those  days 
possessed  of  considerable  property.  On  the  14th  of 
May,  1663,  he  married  Annettie  Rapelye,  a daughter 
of  Jaris  Jansen  Rapelye,  who  settled  on  Long  Island  in 
1625,  which  year  his  first  daughter,  Sara,  was  born, 
the  first  white  child  born  on  Long  Island.  From  this 
marriage  have  sprung  large  numbers  of  the  name  of 
Ryerson  (besides  numerous  descendants  of  the  female 
branches  of  the  family),  who  are  scattered  over  New 
York,  New  Jersey,  and  several  other  States,  and 
many  in  Canada ; and  in  all  of  them  the  original 
Christian  name  of  “ Martin  ” has  been  kept  up,  that 
being  the  name  of  both  the  father  and  grandfather 
of  Judge  Ryerson.  His  grandfather  resided  in  Hun- 
terdon County,  N.  J.,  whence  his  father  removed  to 
Sussex  about  1770,  dying  there  in  1820,  in  his  seventy- 
third  year  ; his  father  and  grandfather  were  both  dis- 
tinguished as  skillful  surveyors,  being  deputies  of  the 
surveyor-general  of  both  East  and  West  Jersey;  and 
his  father  was  thus  enabled  to  make  very  judicious 
land  locations  for  himself,  and  at  his  death  left  a 
landed  estate  of  between  forty  and  fifty  thousand 
dollars. 

Until  the  age  of  sixteen  Judge  Ryerson  remained 
at  home,  working  on  his  father’s  farm,  and  receiving 


320 


REMINISCENCES  OF  NEW  JERSEY. 


only  the  common  education  of  the  country.  In  1800 
his  father  removed  to  Hamburg,  in  the  same  county, 
where  he  died,  and  in  1804  his  son  began  prepar- 
ing for  college  at  a private  school  in  the  family  of 
Robert  Ogden.  He  was  an  older  brother  of  Colonel 
Aaron  Ogden,  a graduate  of  Princeton  College  in  1765, 
and  one  of  the  founders  of  the  Cliosophic  Society. 
He  was  born  at  Elizabethtown,  practiced  law  there 
for  several  years,  was  in  the  American  army  during  the 
War  of  the  Revolution,  and,  on  account  of  the  effect 
of  the  sea  air  upon  his  health,  removed,  about  1785, 
to  Sparta,  Sussex  County,  five  miles  from  Hamburg, 
where  he  owned  considerable  real  estate,  and  died  in 
that  county  in  1826,  aged  eighty  years.  His  fifth 
daughter,  Amelia,  married  Judge  Ryerson  in  Novem- 
ber, 1814  ; an  older  daughter,  Mary,  was  married  some 
fifteen  years  earlier  to  Elias  Haines  of  Elizabethtown, 
the  father  of  the  Hon.  Daniel  Haines,  late  governor, 
and  judge  of  the  supreme  court.  After  some  time 
spent  in  this  private  school,  he  finished  his  pre- 
paratory studies  at  the  Mendham  (N.  J.)  Academy, 
then  taught  by  the  late  Hon.  Samuel  L.  Southard, 
and  in  1807  entered  the  junior  class  at  Princeton, 
graduating  there  in  1809,  with  the  third  honor  in 
a class  of  forty-four.  His  school  acquaintance  with 
Mr.  Southard  ripened  into  an  intimate  and  life-long 
friendship,  and  a very  warm  and  enduring  friendship 
grew  up  between  him  and  the  late  Judge  George  K. 
Drake,  who  graduated  at  Princeton  in  1808.  After 
graduating  he  studied  law  with  the  late  Job  S. 
Halsted  of  Newton,  and  was  admitted  to  the  bar  in 
February,  1814;  four  years  of  study  with  a practicing 
lawyer  were  then  required,  even  of  graduates,  and 
during  a part  of  this  time  he  was  out  with  the  New 


THOMAS  C.  RYERSON. 


321 


Jersey  militia  at  Sandy  Hook,  to  resist  a threatened 
attack  of  the  British. 

Immediately  after  being  licensed  he  began  prac- 
ticing law  at  Hamburg,  marrying  in  the  following 
November,  as  above  stated,  and  continued  practicing 
there  till  April,  1820,  when  he  removed  to  Newton, 
where  he  resided  till  his  death,  August  11,  1838, 
aged  a little  over  fifty  years.  For  two  years,  1825- 
27,  he  was  a member  of  the  legislative  council  of  this 
State,  and  in  January,  1834,  was  elected  by  the  joint 
meeting  a justice  of  the  supreme  court,  in  place  of 
Judge  Drake,  whose  term  then  expired.  The  Hick- 
sites,  mainly,  as  was  believed,  to  defeat  the  reelection 
of  Drake,  aided  in  1833  in  electing  a large  majority 
of  Democrats  to  the  legislature,  which  the  year  be- 
fore had  a majority  of  the  other  party.  Although  a 
leading  and  influential  Democrat,  and  politically  op- 
posed to  Judge  Drake,  Judge  Ryerson,  in  common 
with  many  other  Democrats,  was  strongly  opposed 
to  this  unjustifiable  proscription,  and  a warm  advo- 
cate of  Judge  Drake’s  reappointment,  and  used  all 
his  influence  with  the  four  democratic  members  from 
Sussex  in  his  favor.  He  was  not  in  Trenton  during 
that  session  till  after  the  joint  meeting,  and  his  name 
was  brought  forward  in  the  democratic  caucus  as 
an  opposing  candidate,  without  his  consent  or  knowl- 
edge. The  leading  opponents  of  Judge  Drake  find- 
ing that  the  votes  of  the  Sussex  members  would 
reelect  him,  resorted  to  the  use  of  Judge  Ryerson’s 
name  as  the  only  means  of  preventing  it,  and  thus, 
without  his  knowledge,  he  was  made  the  instrument 
of  defeating  an  excellent  and  irreproachable  judge, 
his  own  warm  personal  friend.  So  strong  an  im- 
pression had  he  made  upon  the  Sussex  members  in 
21 


322 


REMINISCENCES  OF  NEW  JERSEY. 


favor  of  Judge  Drake,  that  one  of  them  voted  for  him 
in  joint  meeting,  notwithstanding  his  own  democratic 
caucus  nomination,  and  other  Democrats  also  bolted 
the  nomination;  so  that,  notwithstanding  the  large 
democratic  majority  in  joint  meeting,  he  was  elected 
by  only  a very  small  majority.  So  strong,  however, 
was  the  Hicksite  feeling  against  Judge  Drake  that  he 
received  but  one  vote  from  the  members  south  of 
the  Assanpink. 

Theodore  Frelinghuysen  was  then  in  the  senate, 
his  term  to  expire  March  4,  1835.  He  also  had 
given  great  offense  to  the  Hicksites  by  his  able  and 
eloquent  speech  in  the  same  suit,  and  to  reach  him 
the  same  combination  was  continued  till  the  election 
of  October,  1834,  and  resulted  in  sending  General 
Wall  to  the  senate  in  his  place. 

The  news  of  his  election  was  a complete  surprise 
to  Judge  Ryerson,  and  with  it  came  letters  from 
prominent  Democrats,  urging  him  to  accept,  and  assur- 
ing him  that  his  declination  would  not  benefit  Judge 
Drake ; that  party  lines  had  become  drawn,  and  he 
could  not  now  under  any  circumstances  be  reelected. 
He  held  the  matter  under  advisement  until  the  re- 
ceipt of  a letter  from  Judge  Drake  himself,  dated 
February  3,  1834,  urging  him  to  accept,  u and  that 
promptly.”  He  said  also,  “ I feel  under  obligations  to 
you  and  my  other  friends  for  your  zeal  in  my  be- 
half, but  it  has  proved  ineffectual,  and  I have  no 
confidence  in  the  success  of  another  effort.”  And 
again,  “ If  the  place  is  thrown  open,  nobody  knows 
into  whose  hands  it  may  go.  I rejoice  that  it  has 
been  so  disposed  of  that  we  may  still  confide  in  the 
independence  and  integrity  of  the  bench.”  This 
letter  decided  him  to  accept,  and  he  was  sworn  into 


THOMAS  C.  RYERSON. 


823 


office  February  25,  1834,  holding  it  till  his  death  in 
August,  1838. 

Judge  Ryerson’s  course  at  the  bar,  and  on  the 
bench,  fully  justified  the  opinion  of  Judge  Drake 
quoted  above,  as  in  all  positions  he  was  a man  of  the 
firmest  independence  and  strictest  integrity.  He 
was  an  able  lawyer,  well  read,  and  remarkable  for  a 
discriminating  and  sound  judgment,  an  earnest  and 
successful  advocate,  with  great  inflence  over  courts 
and  juries  in  Sussex  and  Warren,  to  which  counties 
he  confined  his  practice,  and  as  a judge  it  is  believed 
that  he  enjoyed  in  a high  degree  the  esteem  and 
confidence  of  the  bench  and  bar,  as  well  as  of  the 
people  at  large.  For  the  last  eight  years  of  his  life 
he  was  a very  devoted  member  of  the  Presbyterian 
Church,  his  wife  having  joined  it  some  eight  years 
earlier,  and  dying  three  years  before  him.  Her 
father  was  for  many  years  an  exemplary  and  very 
influential  elder  of  the  same  denomination,  and  a 
large  number  of  his  descendants  have  been,  and  are 
professing  Christians. 

Judge  Ryerson  was  very  easy  and  affable  in  his 
manners,  delighting  in  social  intercourse  and  con- 
versation, with  a great  fund  of  anecdote,  very  simple 
and  economical  in  his  personal  tastes  and  habits, 
spending,  however,  freely  in  educating  his  children, 
and  noted  for  his  liberality  to  the  poor  around  him, 
and  to  the  benevolent  operations  of  his  day.  So  much 
did  he  give  away,  that  he  left  no  more  estate  than  he 
inherited,  although  in  full  practice  for  twenty  years 
before  his  appointment  as  judge.  He  often  said  to 
his  children  that  he  desired  only  to  leave  them  a 
good  education  and  correct  principles,  and  that  they 
must  expect  to  make  their  way  in  life  with  these  only 


824 


REMINISCENCES  OF  NEW  JERSEY. 


to  depend  upon.  Both  as  lawyer  and  judge  he  was 
very  painstaking  and  laborious,  conscientiously  faith- 
ful in  the  discharge  of  duty  to  his  clients  and  the 
public ; having  a strongly  nervous  temperament,  the 
mental  strain  was  too  great,  and  resulted  at  length 
in  a softening  of  the  brain,  from  which  he  died  after 
an  illness  of  three  months,  leaving  three  sons  and  a 
daughter,  and  a widow,  his  first  wife’s  younger  sis- 
ter, and  since  deceased,  to  mourn  an  irreparable  loss. 
Three  of  his  children  remain,  the  youngest  son,  Colo- 
nel Henry  Ogden  Ryerson,  having  been  killed  in  May, 
1864,  at  the  head  of  his  regiment,  on  the  second  day’s 
bloody  fighting  in  the  battles  of  the  Wilderness  in 
Virginia. 

Martin  Ryerson,  the  eldest  son  of  Judge  Thomas  C., 
graduated  at  Princeton  in  1833,  at  the  age  of  eighteen, 
in  a class  of  forty-three,  delivering  the  Latin  saluta- 
tory, and  was  a justice  of  the  supreme  court  from 
March,  1855,  until  September,  1858,  when  ill  health 
compelled  him  to  resign.  He  still  lives,  however,  tak- 
ing an  active  and  influential  part  in  the  business  of 
the  Presbyterian  Church,  in  which  he  is  a ruling  elder. 
I am  indebted  to  him  for  this  interesting,  and,  I think, 
truthful  account  of  his  father.  I had  no  knowledge 
of  that  gentleman,  except  as  a member  of  the  leg- 
islature, until  he  became  a judge ; and  then,  although 
apparently  slow  in  comprehending  a case  tried  be- 
fore him,  he  showed  a good  knowledge  of  the  law, 
and  a very  sound  judgment. 

1 have  always  understood  that  he  was  originally  a 
Federalist,  but  belonged  to  that  class  who  followed  the 
“New  York  Evening  Post,”  the  political  newspaper 
organ  of  Hamilton,  in  preferring  Jackson  to  Adams, 
and  thus  became  a Democrat.  It  was  one  of  the 


THOMAS  C.  RYERSON. 


325 


marked  features  of  the  change  in  the  politics  of  this 
State  that  many  of  the  leading  men  both  of  the 
federal  and  democratic  party  in  Sussex  (originally 
including  Warren),  which,  up  to  1820  was  the  leading 
federal  county  of  the  State,  went  for  Jackson,  and 
thus  Sussex  and  Warren  came  to  give  very  large 
democratic  majorities.  At  the  breaking  out  of  the  re- 
bellion Martin  Ryerson,  who  had  previously  been  a 
very  decided  and  active  Democrat,  took  a decided 
stand  against  the  South,  and  is  ranked  now  among 
the  Republicans. 


CHAPTER  XII. 

JUDGES  I HAVE  KNOWN. 

CHARLES  EWING.  JOHN  MOORE  WHITE.  DANIEL  ELMER.  JAMES 
S.  NEYIUS.  IRA  C.  WHITEHEAD.  ELIAS  B.  D.  OGDEN.  STACY 
G.  POTTS. 

^1H ARLES  EWING  succeeded  Kirkpatrick  as  chief 
justice  in  1824,  elected  to  this  place  by  the  joint 
meeting  very  much  against  his  wishes ; not  because 
he  was  unwilling  to  take  the  office,  but  because  he 
was  averse  to  the  displacement  of  his  predecessor, 
who  he  thought  ought  to  have  been  reelected.  It  was 
a happy  choice,  and  reconciled  all  to  the  change. 

His  parentage  was  from  the  Scotch  Irish  race,  in  my 
opinion  equal  if  not  superior  to  any  in  the  country, 
James  Ewing,  his  father,  was  the  grandson  of  Finley 
Ewing,  of  Londonderry,  Ireland,  who  for  his  distin- 
guished bravery  at  the  battle  of  Boyne-water  was 
presented  with  a sword  by  King  William.  His  father, 
Thomas  Ewing,  emigrated  to  Cumberland  County,  in 
this  State,  in  the  year  1718,  and  became  the  founder 
of  a large  family,  who  and  their  numerous  descend- 
ants were,  and  continue  to  be,  distinguished  for  great 
excellence  of  character.  Thomas  Ewing,  of  Ohio,  a 
senator  from  that  State,  and  secretary  of  the  treasury 
under  Harrison,  who  has  recently  died,  was  a grandson. 

The  mother  of  Charles  Ewing  was  Martha  Boyd, 
whose  father  was  also  from  the  north  of  Ireland,  and 
came  to  Bridgeton  about  the  year  1772,  leaving  his 
wife  and  three  children  in  their  native  home.  He 


CHARLES  EWING. 


327 


succeeded  in  establishing  a good  business  in  a retail 
store  and  sent  for  his  family.  When  they  arrived  in 
the  winter  of  1773,  they  found  the  husband  and  father 
had  recently  died.  The  widow,  one  of  those  excel- 
lent women  whose  memory  deserves  to  be  perpetuated, 
continued  her  husband’s  business,  and  employed  as  her 
assistant  James  Ewing,  then  nearly  thirty  years  of  age. 
He  married  the  widow’s  eldest  daughter,  and  after  be- 
ing a member  of  the  legislature,  moved  to  Trenton, 
about  the  year  1799,  where  he  lived  highly  respected, 
and  holding  important  offices  until  his  death  in  1824. 
Their  only  son,  the  future  chief  justice,  was  born  in 
1780,  his  mother  dying  while  he  was  still  an  infant. 

After  having  graduated  at  Princeton,  and  received 
the  first  honor,  being  especially  distinguished  for  his 
proficiency  in  mathematics,  he  studied  law  with  Sam- 
uel Leake.  His  preceptor  is  more  remembered  for 
his  peculiarities  as  unusually  precise  and  methodical 
in  all  his  business ; but  he  had  besides  a high  reputa- 
tion for  accurate  legal  knowledge,  and  was  undoubt- 
edly a man  of  the  most  sterling  integrity.  Any  at- 
tempt to  depreciate  him  in  the  hearing  of  Mr.  Ewing, 
was  sure  to  meet  a stern  rebuke.  To  the  end  of  his 
life,  he  always  spoke  of  him  in  the  highest  terms  of 
affection  and  respect ; he  was  too  good  a judge,  and 
had  too  many  opportunities  of  knowing  well  the  en- 
tire character  of  Mr.  Leake,  to  leave  it  doubtful  that 
he  was  a lawyer  of  uncommon  excellence. 

Of  Mr  Ewing’s  character  as  an  advocate,  I had  but 
very  little  opportunity  of  judging;  I only  knew  that 
he  stood  very  high  in  the  estimation  of  his  fellow- 
practitioners,  and  of  the  community  generally.  As 
a judge,  he  fulfilled  the  highest  expectations  of  all. 
His  predecessor  had  been  complained  of  as  unwilling 


828 


REMINISCENCES  OF  NEW  JERSEY. 


to  pay  sufficient  attention  to  the  statutes  regulating 
the  proceedings  in  justices’  courts,  and  was  thought  to 
be  somewhat  capricious  in  dealing  with  questions  that 
arose  upon  certioraris.  Some  of  the  lawyers  used  to 
talk  of  waiting  to  move  such  cases  until  he  was  seen 
to  be  in  the  humor  of  reversing.  Much  of  this  com- 
plaint was  unfounded,  as  1 think  will  be  readily  seen  by 
examining  his  opinions,  which  were  generally  sound. 
But  however  that  may  be,  all  such  complaints  ceased 
when  the  court  was  led  by  Chief  Justice  Ewing. 
Every  one  knew  that  he  would  give  the  most  careful 
attention  to  every  question,  no  matter  how  appar- 
ently trivial  it  might  be. 

His  integrity  was  never  impeached,  and  he  took 
care  to  maintain  his  high  character  for  impartiality 
and  strict  adherence  to  the  law,  by  the  most  scrupu- 
lous avoidance  of  everything  that  might  seem  to  ex- 
cite a doubt.  The  salaries  of  the  judges  were  small, 
and  it  had  been  the  habit  of  those  holding  the  courts 
in  South  Jersey,  and  I suppose  in  other  parts  of  the 
State,  to  take  their  lodgings  with  friendly  members  of 
the  bar,  who  were  glad  to  be  able  to  entertain  them. 
This,  of  course,  exposed  the  judges  to  complaints 
of  partiality  in  regard  to  postponements,  and  other 
questions  of  importance  not  involving  the  merits  of 
the  cause.  Chief  Justice  Ewing  entirely  changed  this 
practice.  He  absolutely  refused  also  to  take  any  com- 
pensation for  striking  a jury,  or  for  any  other  service 
not  specially  provided  for  in  the  fee  bill.  The  con- 
sequence was  that  no  judge  ever  more  thoroughly 
deserved  and  acquired  the  confidence  and  respect  of 
jurors,  suitors,  and  advocates. 

Mr.  Southard’s  eulogium,  delivered  shortly  after  his 
decease,  by  request  of  the  common  council  of  Tren- 


CHARLES  EWING. 


320 


ton,  attended,  pursuant  to  their  resolution,  by  the 
judges  and  the  bar  of  the  supreme  court,  delineates 
his  character  with  great  faithfulness  and  ability. 
Adopting  the  language  of  this  beautiful  effusion  of  lov- 
ing esteem  it  may  be  truly  said  : — 

“ As  a judge,  he  was  learned  both  in  principles  and  cases,  and 
prompt  in  their  application  ; a strict  common  law  lawyer.  Under 
his  professional  instructor,  who  loved  the  learning  of  the  black 
letter,  he  had  been  led  to  the  original  sources  of  legal  principles, 
and  he  also  delighted  to  find  in  the  old  authorities,  both  the  estab- 
lishment and  the  reason  of  the  doctrine  on  which  he  was  to  decide. 
But  he  did  not  rely  on  them  alone.  He  read  diligently,  and  derived 
the  aid  which  they  afford,  from  the  volumes  of  civil  and  ecclesias- 
tical law,  and  examined  carefully,  and  improved  by  all  the  valuable 
legal  publications  of  the  present  age.  He  was  not,  however,  hasty 
in  adopting  new  systems  or  notions,  nor  liable  to  be  incautiously 
misled  by  them.  To  conquer  his  approbation,  it  was  necessary  that 
they  should  encounter  him  armed  with  the  weapons  of  reason,  argu- 
ment, and  expediency.  He  was  not  fond  of  innovations  in  the  law  ; 
the  inclination  of  his  mind  always  was  stare  super  vias  antiquas. 

“ He  always  took  upon  himself  all  the  responsibilities  of  the 
judge,  and  discharged  his  obligations  to  juries  fully,  by  guiding 
them  m matters  of  law,  and,  where  it  was  proper,  aiding  them  in 
their  estimate  of  facts  and  evidence.  He  held  it  a duty  of  the  court 
to  instruct  them,  both  in  civil  and  criminal  cases,  and  would  not 
permit  them,  in  the  exercise  of  their  right  to  judge  of  the  law  in 
criminal  matters,  to  disregard  its  provisions  ; but  promptly  and 
efficiently  interfered  to  arrest  their  errors.  And  this  out  of  no  dis- 
regard of  their  rights.  For  the  system  of  jury  trial  he  had  a fond 
admiration,  and  watched  over  it  with  paternal  care.  He  saw  it  as 
an  establishment  of  freedom  ; the  privilege  and  shield  of  freemen ; 
valuable  for  the  support  and  perpetuation  of  our  institutions  ; not 
only  by  guarding  against  oppression  in  every  form,  but  by  fre- 
quently calling  on  the  citizen  to  partake  in  the  administration  of 
justice,  thereby  interesting  his  feelings  in  its  support,  and  instruct- 
ing him  in  his  own  rights  and  duties. 

“ To  his  labor  as  a judge  there  was  but  one  limit,  the  perfect 
examination  of  every  question  he  had  to  decide.  Short  of  this 
point  he  never  rested.  He  was  not  satisfied  while  one  fact  or 
authority  remained  unexamined,  or  one  avenue  to  light  unexplored. 


330 


REMINISCENCES  OF  NEW  JERSEY. 


For  personal  comfort  and  private  pecuniary  interest  he  had  a fitting 
regard ; amusements  of  a becoming  and  moral  character  he  did  not 
spurn ; social  pleasures  he  enjoyed ; literary  and  scientific  acquisi- 
tions were  his  delight ; on  domestic  enjoyments  his  heart  rested 
with  fondness  ; yet  none  of  these  were  ever  found  in  the  way  of  his 
complete  investigation,  and  his  entire  performance  of  every  official 
duty.” 

There  is  an  instructive  passage  in  the  work  on  the 
modern  Roman  law  of  Savigny,  a great  German  pro- 
fessor, to  this  effect : “ When  a case  is  submitted  for 
the  decision  of  one  unskilled  in  law,  he  will  generally 
decide  it  according  to  a confused  impression  of  the 
whole;  and  nevertheless,  if  of  sound  sense  and  de- 
cided character,  will  believe  himself  very  sure  of  his 
point.  It  will,  however,  be  very  much  a matter  of 
chance,  whether  a second  of  like  qualities  will  give 
the  same  or  the  opposite  decision.”  The  truthful- 
ness of  this  remark  we  have  had  full  opportunity  of 
observing  in  New  Jersey,  where  our  highest  court  has 
always  had  an  infusion  of  unlearned  judges;  but 
Chief  Justice  Ewing  was  the  farthest  removed  from 
such  a character.  He  was  both  learned  and  wise.  He 
was  always  much  opposed  to  judicial  legislation;  and 
if  he  erred  at  all,  it  was  pretty  sure  to  be  in  too 
scrupulous  adherence  to  precedents.  I think  he  did 
err  in  this  direction ; when  he  held  that  a will  of  real 
estate  could  only  be  established  by  proof  that  the 
witnesses  actually  saw  the  testator  write  his  name ; 
and  in  holding  that  a slight  misrecital  of  the  judgment 
or  execution  in  the  sheriff’s  deed  would  invalidate  the 
conveyance;  and  perhaps  in  a few  other  cases.  But 
these  were  mistakes  on  the  safe  side,  and  were  easily 
and  appropriately  remedied  by  the  legislature.  I re- 
member that  considerable  surprise  was  expressed  by 
some  of  the  members  of  the  bar  when  the  opinions 


CHARLES  - EWING. 


831 


were  read  in  the  case  of  Ellet  & Boyce  vs.  Pullen,  7 
Halsted,  357,  when  it  appeared  that  the  chief  justice 
was  in  favor  of  overruling  an  ancient  rule  of  the  com- 
mon law,  while  Judges  Ford  and  Drake,  who  were 
generally  considered  much  more  likely  to  do  so,  were 
for  adhering  to  it  strictly. 

About  the  time  he  became  a judge,  to  escape,  as 
he  said,  the  annoyance  of  interruptions  in  the  even- 
ings, he  adopted  the  plan  of  very  early  rising,  and  his 
constitution  requiring  a full  amount  of  sleep,  he  was 
accustomed,  if  practicable,  to  retire  at  a correspond- 
ingly early  hour.  This  proceeding  did  not  prove 
so  useful  to  him  as  he  expected ; indeed,  it  may  be 
doubted  whether,  involving  such  a great  change  of 
previous  habits  as  it  did,  it  was  not  productive  of  more 
evil  than  good.  I have  known  him  to  be  so  overcome 
with  sleepiness  early  in  the  evening,  as  fairly  to  nod 
when  surrounded  by  company.  He  might  very  proba- 
bly have  done,  as  we  are  told  Josiah  Quincy  and  John 
Quincy  Adams,  who  carried  to  excess  early  rising,  did 
when  they  attended  a lecture  of  Judge  Story.  Seated 
on  the  platform  in  full  view  of  the  class,  they  fell 
asleep.  The  lecturer  perceiving  this  paused  a moment, 
and  then  pointing  to  the  two  sleeping  presidents,  said 
with  mock  solemnity : “ Gentlemen,  you  see  before  you 
melancholy  examples  of  the  evil  effect  of  early  rising.” 
When  the  short  term  of  seven  years  for  which  this 
highly  acceptable  judge  had  been  appointed  expired, 
he  was  reelected  by  a joint  meeting  opposed  to  him  in 
politics.  No  one  breathed  a word  of  opposition.  No 
other  man  could  have  filled  the  office  so  acceptably. 
But  before  the  first  year  of  his  new  term  had  expired, 
he  died,  carried  off  by  that  fell  destroyer  the  cholera, 
which  visited  many  parts  of  our  country  for  the  first 
time  so  severely  in  the  year  1832. 


332 


REMINISCENCES  OF  NEW  JERSEY. 


A letter  from  Rev.  Dr.  James  W.  Alexander  to  Rev. 
Dr.  Hall,  published  in  that  interesting  and  most  in- 
structive work,  “ Forty  Years’  Familiar  Letters,”  writ- 
ten in  1859,  thus  happily  characterizes  Judge  Ewing: 

“ It  deserves  to  be  noted,  among  the  traits  of  a Presbyterianism 
which  is  passing  away,  that  Judge  Ewing,  as  a baptized  member  of 
the  Church,  always  pleaded  his  rights,  and  once  in  a public  meeting 
declared  himself  amenable  to  the  discipline  of  church  courts.  There 
is  good  reason  to  believe  that  he  was  a subject  of  renewing  grace 
long  before  his  last  illness.  During  this  brief  period  of  suffering, 
he  made  a touching  avowal  of  his  faith  in  Christ. 

“ Judge  Ewing  is  justly  reckoned  among  the  greatest  ornaments 
of  the  New  Jersey  bar.  His  acquaintance  with  his  own  department 
of  knowledge  was  both  extensive  and  profound,  closely  resembling 
that  of  the  English  black  letter  lawyers,  who  at  this  moment  have 
as  many  imitators  at  the  New  Jersey  bar  as  anywhere  in  America. 
He  was  eminently  conservative  in  church  and  state,  punctual  in 
adherence  to  rule  and  precedent,  incapable  of  being  led  into  any 
vagaries  ; sound  in  judgment,  tenacious  of  opinion,  indefatigable  in 
labor,  and  incorruptibly  honest  and  honorable,  so  as  to  be  prover- 
bially cited  all  over  the  State.  In  a very  remarkable  degree  he  kept 
himself  abreast  of  the  general  literature  of  the  day,  and  was  even 
lavish  in  regard  to  the  purchase  of  books.  He  was  a truly  elegant 
gentleman  of  the  old  school ; an  instructive  and  agreeable  compan- 
ion, and  a hospitable  entertainer.  He  deserves  to  be  mentioned  in 
any  record  of  the  Church,  for  I am  persuaded  that  there  was  no  hu- 
man being  to  whom  its  interests  were  more  dear.  As  the  warm  and 
condescending  friend  of  my  boyhood  in  youth,  he  has  a grateful 
tribute  from  my  revering  affection. 

“ When  from  any  cause  there  was  no  one  to  preach  in  the  church, 
the  service  was  nevertheless  carried  on  by  the  elders,  according  to 
the  book,  and  a sermon  was  read.  The  reader  on  these  occasions 
was  always  Mr.  Ewing ; and  the  discourse  which  he  selected  was 
always  one  of  Witherspoon’s ; the  choice  in  both  cases  being  sig- 
nificant.” 

From  more  than  one  conversation  with  Chief  J us- 
tice  Ewing,  I w'as  convinced  of  his  deeply  religious 
feelings,  although  he  was  disposed  to  be  reticent  on 
such  subjects.  When  he  presided  at  the  table,  on  his 


CHARLES  EWING. 


333 


circuits,  he  was  accustomed  to  invite  some  one  to  ask 
a blessing,  or  more  frequently  to  do  so  himself.  Once 
when  breakfasting  at  Woodbury,  Mr.  Ewing,  Mr.  South- 
ard, then  attorney-general,  and  myself  having  a table 
in  a private  apartment,  a gentleman  (if  he  deserves 
such  a character)  from  Philadelphia,  a stranger  to  us, 
was  brought  up  by  the  landlord  to  partake  with  us. 
When  Mr.  Ewing  very  simply  and  reverently  asked  a 
blessing  on  our  refreshment,  the  stranger  was  so  taken 
by  surprise  that  he  made  a very  audible  whistle.  No 
immediate  notice  was  taken  of  the  impertinence,  but 
Mr.  Southard  took  an  opportunity  of  rebuking  the 
perpetrator  pretty  severely,  and  induced  him  to  apol- 
ogize for  his  rudeness.  It  appeared  that  he  had  no 
idea  at  the  time  of  the  character  and  standing  of  the 
two  gentlemen  into  whose  company  he  was  unexpect- 
edly brought. 

The  resolutions  usually  adopted  at  a meeting  of  the 
bench  and  bar,  upon  the  retirement  or  death  of  a 
judge,  are  not  always  the  most  reliable  evidence  of 
his  true  character ; but  those  recorded  in  the  minutes 
of  the  court  in  the  case  of  Charles  Ewing  are  remark, 
ably  discriminating  and  just.  They  are,  — 

“ Associated  with  him  for  a long  course  of  years,  as  a pleader,  an 
advocate,  and  a judge,  we  are  all  able  to  bear  witness  to  his  industry, 
his  wisdom,  and  his  worth.  His  deep  devotion  to  the  truth ; his  un- 
tiring patience  in  its  pursuit ; his  scrupulous  fidelity  in  the  perform- 
ance of  the  various  duties  of  his  station  ; his  sound,  discriminating, 
vigorous,  and  capacious  mind ; his  great  and  extensive  learning  in 
the  science  of  jurisprudence  ; his  unyielding,  uncompromising,  jeal- 
ous integrity  and  purity  of  character  ; his  modesty,  courtesy,  and 
dignity,  present  such  an  assemblage  of  the  peculiar  virtues  and 
talents  required  in  the  due  and  faithful  administration  of  justice,  that 
we  know  not  where  to  look  upon  his  fellow. 

To  that  wise  and  mysterious  Providence  which  has  removed  him, 
in  the  midst  of  his  usefulness  and  in  the  strength  of  his  days,  we 
bow  with  humble  resignation  and  submission.” 


334 


REMINISCENCES  OF  NEW  JERSEY. 


Less  than  a month  before  his  lamented  decease, 
namely,  at  the  July  term  of  that  year,  when  he  was  in 
full  health,  I witnessed  a scene  in  the  court  of  chan- 
cery which  was  a complete  contrast  to  that  which  I 
have  described  as  occuring  in  the  supreme  court  four- 
teen years  earlier.  It  was  the  delivery  of  the  opin- 
ions in  the  case  of  Hendrickson  vs.  Decow,  involving 
the  contest  between  the  rival  parties  in  the  Society  of 
Friends.  The  chancellor  having  been  counsel  in  the 
cause  while  at  the  bar,  called  to  his  assistance  on  the 
hearing  Chief  Justice  Ewing  and  Mr.  Justice  Drake 
of  the  supreme  court.  A great  mass  of  testimony  had 
been  taken,  filling  when  printed  two  octavo  volumes ; 
and  the  argument  lasted  more  than  a week,  George 
Wood  and  Isaac  H.  Williamson  being  the  counsel  of 
the  party  usually  called  Orthodox,  and  Garret  D.  Wall 
and  Samuel  L.  Southard  of  the  party  called  Hicksite. 

The  day  for  delivering  the  opinion  was  previously 
announced,  and  both  parties  attended  the  court  in  full 
force.  Seldom  has  such  a spectacle  been  witnessed. 
The  court  room  was  entirely  changed,  having  been  fit- 
ted up  at  the  expense  of  the  United  states,  — whose 
courts  occupied  it  at  times  when  the  State  courts  were 
not  sitting,  — through  the  influence  of  Mr.  Southard, 
while  he  was  in  the  cabinet  at  Washington,  and  was 
arranged  substantially  as  it  now  is.  The  two  judges, 
both  of  very  grave  demeanor,  occupied  the  bench. 
Facing  them  were  arranged  long  rows  of  the  leaders 
of  the  contesting  parties ; the  Orthodox  on  their  right 
and  the  Hicksites  on  their  left  hands.  All  wore  their 
accustomed  dress  of  drab  and  of  antique  shape,  and 
retained  on  their  heads  their  broad-brimmed  beavers. 
Each  party  appeared  to  expect  success,  for  no  one 
knew  what  the  decision  would  be.  All  maintained  their 


CHARLES  EWING. 


835 


accustomed  quietness  of  manner;  but  a looker-on  of 
only  moderate  sagacity  could  easily  perceive  that  they 
were  awaiting  the  result  with  the  deepest  anxiety. 
The  common  and  expressive  phrase,  a You  could  hear 
a pin  drop,”  was  never  more  applicable. 

Chief  Justice  Ewing  led  the  way,  and  occupied  an 
hour  and  a half  in  reading  his  opinion ; so  fully  con- 
sidered and  so  carefully  stated,  so  cautiously  avoiding 
everything  likely  to  shock  the  feelings  of  the  unsuc- 
cessful party,  and  yet  entirely  decisive,  that  no  offense 
could  be  taken,  whatever  might  be  the  result.  For  an 
hour,  while  engaged  in  stating  the  facts  of  the  case, 
the  questions  necessarily  involved,  and  the  arguments 
urged  on  both  sides,  it  was  not  easy  to  determine  how 
he  would  decide.  But  as  he  progressed  and  the  final 
conclusion  became  more  and  more  apparent,  it  was  ex- 
ceedingly interesting  to  notice,  as  my  position  enabled 
me  to  do,  the  change  gradually  working  in  the  coun- 
tenances of  the  interested  listeners;  on  the  one  side 
suppressed  disappointment  and  regret,  and  on  the 
other,  almost  open  triumph  and  exultation.  He  con- 
fined his  opinion  — reported  in  Saxton’s  Reports,  p. 
574  — to  the  consideration  of  the  question  whether 
the  Arch  Street  Meeting  representing  the  Orthodox, 
or  the  Green  Street  Meeting  representing  the  Hicksite 
party,  was  the  true  Philadelphia  yearly  meeting  of 
the  Society  of  Friends,  and  thus  entitled  to  the  prop- 
erty in  dispute ; deciding  in  favor  of  the  former,  on 
the  ground  that  the  other  had  irregularly  and  ille- 
gally seceded,  carefully  avoiding  the  questions  of  doc- 
trine so  earnestly  disputed.  On  the  subject  of  the 
conflicting  doctrines  he  remarked,  “ In  the  pleadings 
of  this  cause,  in  the  extended  volumes  of  testimony, 
and  in  the  laborious  arguments  of  the  counsel,  I do 


336 


REMINISCENCES  OF  NEW  JERSEY. 


not  remember  any  charge  that  the  members  of  the 
society  who  remain  connected  with  the  Arch  Street 
Meeting  have  departed  from  the  doctrines  and  prin- 
ciples of  Friends  as  stated  by  their  founder  and  his 
earlier  followers;  and  I rejoice  that  I have  not  been 
constrained  to  inquire  into  the  charge  of  departure, 
so  freely  and  frequently  urged  against  the  members 
of  the  Green  Street  Meeting.  In  any  remarks  I have 
made,  I am  not  to  be  understood  as  asserting  or  coun- 
tenancing such  a charge.” 

The  feeling  with  which  the  opinion  of  Justice  Drake 
was  received  was  much  more  marked;  but  still  there 
was  no  departure  on  either  side  from  that  absolute 
quietism  to  which  they  had  schooled  themselves.  But 
unfortunately  this  opinion  affected  the  sensibilities  of 
the  losing  party  far  more  strongly  than  that  of  the 
chief  justice.  He  held  that  it  was  not  made  to  appear 
that  the  doctrines  of  the  party  called  Hicksite,  whether 
right  or  wrong,  corresponded  with  the  religious  faith 
of  the  Society  of  Friends ; that  there  was  an  essential 
incompatibility  in  the  admitted  views  of  the  opposing 
parties ; and  that  it  would  be  a breach  of  trust  and 
a perversion  of  the  fund  contributed  by  Orthodox 
Friends,  to  permit  it  to  go  into  the  hands  of  men 
who,  like  Hicks  their  leader,  might  teach  “ that  the 
Scriptures  have  been  the  cause  of  fourfold  more  harm 
than  good  to  Christendom  since  the  Apostles’  days  ; ” 
Cc  or  that  each  individual  must  interpret  them  for  him- 
self, entirely  untrammeled  by  the  opinions  of  man, 
and  that  the  dictates  of  the  light  within  are  of  para- 
mount authority  to  Scripture,  even  when  opposing  its 
precepts.” 

The  meeting  broke  up  without  the  slightest  breach 
of  decorum  ; most  of  the  individuals  present  exchang- 


JOHN  MOORE  WHITE. 


BBT 


ing  the  customary  shake,  not  only  with  those  of  their 
own  party,  but  with  those  opposed  to  them.  They 
departed,  however,  with  mutual  determination  to  main- 
tain their  respective  positions.  The  Hicksites  carried 
the  case  into  the  court  of  appeals,  where  the  decree 
made  in  the  court  of  chancery  was  affirmed. 

John  Moore  White,  judge  from  1838  to  1845,  was 
born  at  Bridgeton,  in  the  year  1770.  His  father  was 
an  English  merchant  settled  in  Philadelphia,  who  mar- 
ried the  daughter  of  Alexander  Moore,  who  was  of 
Irish  descent,  and  settled  in  Bridgeton  about  the  year 
1730,  carried  on  a considerable  business  for  many  years, 
and  accumulated  a very  handsome  fortune.  He  owned 
nearly  all  the  land  upon  the  east  side  of  the  Cohansey 
River,  upon  which  the  town  is  built,  and  survived  his 
daughter  many  years.  Both  father  and  mother  were 
remarkably  handsome  persons  ; it  having  been  said 
that  when  they  entered  the  Arch  Street  Presbyterian 
Church  after  the  marriage,  they  were  about  as  hand- 
some a couple  as  had  ever  been  seen  there.  She  died 
when  their  son  John  was  an  infant,  leaving  two  other 
sons.  The  father  returned  to  England  ; but  when  the 
War  of  the  Revolution  broke  out,  took  the  side  of 
America,  returned  to  this  country,  obtained  a commis- 
sion in  the  army,  was  aid  to  General  Sullivan,  and  was 
killed  at  the  attack  on  Chew’s  stone  house  at  German- 
town. 

The  grandfather  then  took  charge  of  the  three  boys, 
and  gave  them  an  ordinary  English  education.  When 
he  died  in  1786,  he  left  them  a large  part  of  his  real 
estate,  including  the  Bridgeton  property.  John  stud- 
ied law  with  Joseph  Bloomfield,  and  was  admitted  as 

an  attorney  in  1791,  as  a counselor  in  1799,  and  as  ser- 
22 


338 


REMINISCENCES  OF  NEW  JERSEY. 


geant  in  1812.  Taking  up  his  residence  in  Bridgeton, 
he  married  a Miss  Zantzinger,  built  himself  a good 
house,  and  entered  upon  the  practice  of  his  profession. 
In  1808,  he  removed  to  Woodbury,  where  he  continued 
to  reside  during  the  remainder  of  his  life. 

His  two  brothers  having  died  while  young  men  and 
unmarried,  he  became  entitled  to  all  their  property, 
and  was  a rich  man.  But  he  had  no  skill  in  making 
or  keeping  money,  although  without  any  dissipated 
habits,  and  not  especially  extravagant  in  his  expendi- 
ture. During  the  latter  years  of  his  life,  he  was  in- 
deed a poor  man.  At  one  time  he  entered  into  specu- 
lations in  connection  with  Joseph  Mcllvaine,  and  told 
me  that  the  accounts  between  them  were  never  settled, 
and  he  did  not  know  which  party  owed  ten  thousand 
dollars  or  more  to  the  other,  and  as  neither  of  them 
could  pay,  it  was  not  worth  their  while  to  ascertain 
how  it  was.  He  enjoyed  remarkable  health  all  his 
life,  until  some  time  after  he  was  judge,  when  he  be- 
came blind.  He  was  active  in  his  habits,  and  rather 
remarkable  for  driving  and  walking,  even  in  cold 
wreather,  without  an  overcoat,  or  gloves. 

Mr.  White  was  a handsome  man,  and  fully  six  feet 
in  height.  While  he  resided  in  Bridgeton,  he  was  the 
brigade  major  of  the  Cumberland  brigade  of  militia, 
of  which  James  Giles  was  the  general.  The  latter, 
although  himself  a handsome  man,  neat  and  trim  in 
his  appearance,  was  much  smaller  than  his  staff  officer. 
When  Mr.  Adams  was  the  president,  and  troubles 
arose  with  France,  which  occasioned  addresses  to  be 
made  from  all  quarters,  the  officers  of  the  Cumberland 
militia  united  in  an  address  tendering  their  services, 
which  was  presented  by  General  Giles,  attended  by  his 
brigade  major.  They  wore  their  full  uniforms,  but 


JOHN  MOORE  WHITE. 


339 


the  president  who  knew  nothing  about  military  affairs, 
and  did  not  pay  attention  to  or  did  not  understand  the 
insignia  of  their  rank,  addressed  Major  White  as  the 
general,  much  to  the  mortification  of  the  latter.  I 
had  the  anecdote  from  Judge  White  himself. 

Owning  considerable  tracts  of  unsettled  land,  White 
made  himself  thoroughly  acquainted  with  the  surveys 
located  under  the  proprietors,  and  of  the  law  applica- 
ble to  them,  and  was  justly  considered  an  able  advo- 
cate in  the  trial  of  cases  involving  questions  of  bound- 
ary, which  during  his  early  practice  were  very  common 
in  West  Jersey.  His  business,  especially  after  he 
removed  to  Woodbury,  became  quite  large  and  lucra- 
tive. He  was  never  ranked,  however,  among  the  able 
lawyers  of  the  State.  He  prosecuted  the  pleas  of 
the  State  for  several  years,  in  the  counties  of  Cumber- 
land and  Salem,  by  virtue  of  a deputation  from  the 
attorney -general.  It  was  customary  for  the  attorney- 
general  before  the  Revolution,  and  afterwards,  to  ap- 
point deputies  for  those  counties  in  which  he  did  not 
personally  attend  the  courts.  The  validity  of  such 
appointments  having  been  in  some  cases  disputed,  the 
practice  was  in  1812  sanctioned  by  an  act  of  the  leg- 
islature ; but  in  1822  this  act  was  repealed,  and  the 
appointment  vested  in  the  courts  of  quarter  sessions. 
In  1823,  however,  the  last  mentioned  act  was  in  its 
turn  repealed,  and  the  joint  meeting  was  required  to 
appoint  them ; and  this  act  continued  in  force  until 
the  Constitution  of  1844  vested  the  appointment  in 
the  governor  and  senate. 

He  was  a Federalist,  and  represented  the  County  of 
Gloucester  several  times  in  the  legislature.  In  the 
' year  1833  he  was  appointed  attorney-general  of  the 
State,  holding  the  office  the  constitutional  term  of  five 


340 


REMINISCENCES  OF  NEW  JERSEY. 


years.  He  prosecuted  the  pleas  of  the  State  in  sev- 
eral of  the  counties  very  successfully,  and  was  desirous 
of  continuing  in  the  office,  rather  than  to  assume  the 
more  important  and  difficult  duties  of  a justice  of  the 
supreme  court,  for  which  he  did  not  feel  himself  very 
competent,  as  I heard  him  repeatedly  say.  But  it 
suited  those  who  at  the  time  controlled  the  joint  meet- 
ing, to  assign  the  office  of  attorney-general  to  another 
person;  and  Mr.  White,  in  1838,  was  elected  a justice 
of  the  supreme  court,  the  number  of  judges  being 
now  increased  to  five. 

He  had  now  attained  the  age  of  sixty-eight  years, 
and  although  still  enjoying  good  health,  did  not  make 
a very  satisfactory  judge.  He  was  not  deficient  in 
good,  sound  judgment,  and  generally  decided  the  ques- 
tions that  came  before  him  correctly ; but  in  charging 
a jury,  he  was  very  deficient.  His  honesty  of  inten- 
tion was  never  questioned.  After  the  expiration  of 
his  office  he  lived  very  much  in  retirement  during 
the  remainder  of  his  life,  protracted  to  the  year  1862, 
when  he  died  at  the  age  of  ninety-one.  He  had  one 
daughter,  who  died  at  the  age  of  sixteen,  and  left  no 
descendants. 

Daniel  Elmer  was  a justice  of  the  supreme  court 
four  years.  He  was  born  in  the  County  of  Cumber- 
land, in  the  year  1784,  was  the  fifth  Daniel  in  reg- 
ular lineal  descent  from  the  Rev.  Daniel  Elmer,  who 
was  settled  as  pastor  of  the  old  Cohansey  Presbyte- 
rian Church  in  1729,  who  died  in  1755,  and  left  sev- 
eral children,  the  descendants  of  whom,  now  a numer- 
ous bodv,  still  reside  in  South  Jersey.  He  was  a de- 
scendant  of  Edward  Elmer,  who  came  to  this  country 
from  England  in  1632,  as  a part  of  the  congregation 


DANIEL  ELMER. 


341 


of  Rev.  Thomas  Hooker.  He  settled  in  Hartford,  in 
Connecticut,  and  was  killed  by  the  Indians  in  1676. 
The  family  name  was  originally  Aylmer,  of  whom 
one  was  chief  baron  of  the  exchequer  in  1535. 
John  Aylmer  was  tutor  of  the  celebrated  Lady  Jane 
Grey,  and  in  1568  was  made  Bishop  of  London  by  the 
name  of  John  Elmer,  as  appears  by  the  case  of  Elmer, 
Bishop  of  London,  vs.  Gale,  in  5 Coke’s  Reports.  A 
Lord  Aylmer  not  long  ago  resided  in  Quebec.  Dan- 
iel’s father,  while  himself  a young  man,  and  with  but 
little  property,  dying  when  he  was  only  about  eight 
years  old,  he  was  left  to  the  care  of  my  father,  Dr. 
Ebenezer  Elmer,  his  great  uncle,  with  whom  he  lived 
for  several  years,  and  had  only  a common  school  edu- 
cation. From  his  earliest  years  he  exhibited  those 
traits  of  unceasing  activity  and  energy  which  remained 
until  he  was  disabled  by  disease. 

About  the  year  1800,  he  was  put  to  the  study  of 
the  law,  with  General  Giles,  of  Bridgeton,  and  served 
a regular  clerkship  with  him,  the  five  years  then  re- 
quired of  a student  who  was  not  a graduate  of  some 
college.  His  preceptor  was  the  county  clerk,  and  his 
pupil  earned  his  board  and  most  of  his  clothing  by 
writing  for  him  and  others,  and  thus  acquired  an  ex- 
cellent style  of  penmanship,  and  great  facility  in  trans- 
acting business. 

He  was  licensed  as  an  attorney  in  the  fall  of  1805, 
and  at  first  had  serious  thoughts  of  commencing  busi- 
ness in  some  other  more  promising  locality ; but  this 
purpose  he  soon  relinquished,  and  opened  an  office  in 
Bridgeton.  He  was  licensed  as  a counselor  in  1808, 
and  called  to  the  degree  of  sergeant  at  law  in  1828.  In 
1808  he  married  a daughter  of  Colonel  Potter,  and  had 
several  children,  all  of  whom  died  in  infancy  or  early 


342 


REMINISCENCES  OF  NEW  JERSEY. 


youth,  except  two,  a son  (Charles  E.  Elmer,  Esq.,  of 
Bridgeton)  and  a daughter,  who  still  survive.  His  res- 
idence continued  to  be  in  Bridgeton  during  his  life. 

The  removal  of  John  Moore  White  gave  him  the 
opportunity  of  acquiring  an  extensive  and  lucrative 
practice.  I should  mention,  however,  that  in  his  day 
the  lawyer  in  New  Jersey  who  made  three  thousand 
dollars  a year  by  his  business,  was  considered  as  a 
very  successful  practitioner.  Such  was  his  indefatiga- 
ble industry,  and  so  sagacious  was  he  in  the  acquisi- 
tion and  in  the  preservation  of  property,  that  he  would 
not  have  failed  of  success  anywhere,  or  in  any  busi- 
ness. His  early  education  had  been  very  meagre,  and 
during  his  clerkship  he  had  no  time  for  systematic 
study.  His  knowledge  of  law,  which  became,  however, 
quite  extensive,  and  so  far  as  it  went  very  accurate, 
was  mainly  acquired,  as  has  been  the  case  with  many 
other  very  successful  lawyers,  by  a careful  study  of 
the  cases  he  was  called  upon  to  undertake  in  his 
practice.  A large  part  of  his  business  was  the  collec- 
tion of  debts,  and  in  these  cases,  as  was  formerly  the 
usage,  his  emolument  consisted  almost  entirely  of  the 
legal  costs.  Many  lawyers  pay  but  little  attention  to 
this  source  of  income  now  ; but  I have  known  at  least 
three  others  in  this  State  who  left  large  estates, 
mainly  derived  from  a careful  collection  of  costs  safely 
invested.  In  1810  I became  a student  in  his  office, 
and  I remember  that  during  my  clerkship  I had  the 
pleasure  (if  so  it  might  be  called)  of  drawing  two  dec- 
larations, the  legal  fees  for  which  averaged  one  hun- 
dred dollars  each  They  were  counts  on  constable’s 
bonds,  where  default  had  been  made  in  collecting  or 
paying  over  a great  number  of  executions  issued  by 
justices  of  the  peace.  The  possibility  of  such  costs 


DANIEL  ELMER. 


343 


was  put  an  end  to  by  an  amendment  of  the  fee  bill, 
introduced  by  Mr.  Griffith  in  1824,  by  which  the  sum 
of  one  dollar  and  fifty  cents,  and  seventy  five  cents 
for  the  copy,  were  allowed  for  all  declarations,  and  no 
more,  instead  of  twenty  cents  for  drawing  and  twelve 
for  the  copy,  of  every  sheet  of  one  hundred  words,  as 
was  the  provision  of  the  previous  fee  bill. 

During  the  war  with  Great  Britain  he  was  captain 
of  a uniformed  company  of  the  militia,  and  afterwards 
rose  through  the  various  grades  until  he  became  gen- 
eral' of  the  Cumberland  brigade,  by  which  title  he 
was  generally  addressed.  So  different  was  the  feel- 
ing in  regard  to  the  militia  at  that  time  from  that 
which  prevails  now,  that  as  soon  as  I was  eighteen,  my 
father  insisted  that  I should  pay  no  fines,  but  perform 
the  regular  duties  of  parade,  and  I became  a subal- 
tern in  a uniformed  company  of  artillery,  and  for  sev- 
eral years  was  the  brigade  major  and  inspector.  The 
day  of  the  general  training  was,  in  those  days,  the 
principal  holiday,  when  there  was  a great  turnout  of 
women  and  children  to  see  the  troops  drilled  and  in- 
spected by  the  general  and  his  staff. 

Captain  Elmer  was  the  means  of  frightening  the 
good  people  of  Bridgeton  in  the  year  1814,  under  cir- 
cumstances alarming  enough  at  first,  but  in  the  end 
quite  amusing.  A British  ship  of  the  line  visited  Del- 
aware Bay,  and  continued  to  blockade  the  river  dur- 
ing all  the  summer,  broke  up  the  navigation  as  high 
as  the  Cohansey,  and  occasionally  sent  a party  ashore 
to  forage  or  procure  water.  For  fear  boats  from  the 
ship  might  come  up  the  river  and  plunder  the  town, 
then  having  about  eight  hundred  inhabitants,  a guard 
was  detailed  every  night,  and  posted  at  a station 
about  two  miles  from  the  town  by  land,  but  five  or  six 


844 


REMINISCENCES  OF  NEW  JERSEY. 


by  the  water.  All  the  boats  and  vessels  passing  the 
guard-house  during  the  night,  were  hailed  and  re- 
quired to  give  an  account  of  themselves.  If  an  en- 
emy appeared,  a messenger  was  to  be  sent  to  a pru- 
dent officer  in  the  town,  who  was  intrusted  with  the 
duty  of  giving  the  alarm,  by  firing  a cannon  and  ring- 
ing the  court-house  bell. 

About  two  o’clock  of  a midsummer’s  night,  the  gun 
was  fired  and  the  bell  rung  with  great  animation. 
The  alarm  and  tumult  that  ensued  may  be  imagined, 
but  cannot  easily  be  described.  Great  was  the  con- 
sternation, for  no  one  doubted  that  the  enemy  was  at 
hand.  Women  and  children  were  crying,  and  some 
endeavored  to  hide  their  valuables  ; and  the  men  ran 
to  and  fro.  The  militia,  except  some,  who  as  usual 
were  among  the  missing,  were  assembled,  and  an  at- 
tempt made  to  array  them  for  action.  My  cannon, 
which  had  been  heretofore  used  only  for  salutes,  was 
only  an  incumbrance,  for  we  had  no  balls.  Happily, 
however,  it  soon  appeared,  by  a message  from  the 
captain,  that  the  alarm  was  a false  one,  although  it 
had  not  been  sounded  until  all  doubt  of  its  necessity 
seemed  to  be  removed.  It  originated  from  the  timid- 
ity of  a family  near  the  guard-house,  who  heard  the 
discharge  of  two  or  three  guns  which  had  been  ex- 
posed to  wet  the  night  before,  and  were  fired  off  that 
they  might  be  reloaded;  and  from  the  foolhardiness 
of  the  skipper  of  a small  sloop,  who  thought  it  good 
fun  to  pass  the  guard  without  answering  their  chal- 
lenge, and  who  succeeded  in  bringing  on  himself  and 
crew  a volley  of  musketry,  the  captain  in  command 
not  being  a man  it  was  safe  to  trifle  with,  and  ran  the 
risk  of  being  killed  by  a ball  which  passed  directly 
over  his  head. 


DANIEL  ELMER. 


345 


After  I commenced  business  as  a lawyer  myself,  and 
for  a quarter  of  a century,  I was  of  course  obliged 
very  often  to  combat  my  old  master ; and  many  a 
hard  fought  battle  we  had.  Both  were  apt  to  be  im- 
patient, and  were  resolute  and  persevering ; and  to 
make  our  encounters  more  apt  to  be  disagreeable  than 
they  otherwise  wTould  have  been,  much  of  the  litiga- 
tion was  before  the  court  of  common  pleas,  without 
the  presence  of  a judge*we  could  respect. 

Upon  the  resignation  of  Judge  Dayton,  in  1841, 
Daniel  Elmer  was  appointed  by  the  joint  meeting  a 
justice  of  the  supreme  court.  He  had  been  a Federal- 
ist in  early  life  and  was  now  a Whig.  He  had,  how- 
ever, been  too  much  engaged  by  his  business  to  be 
much  of  a politician,  and  I think  it  cannot  be  doubted 
that  most  of  the  federal  lawyers  were  benefited  by  be- 
ing so  many  years  in  a hopeless  minority,  that  they 
did  not  aspire  to  have  any  office,  and  were  thereby  re- 
quired to  be  more  diligent  in  the  regular  business  of 
their  profession.  He  hesitated  at  first  about  accepting 
the  office,  which  he  had  not  solicited,  partly  because 
the  salary  and  perquisites,  amounting  to  about  eight- 
een hundred  dollars,  out  of  which  all  the  travelling 
expenses  had  to  be  paid,  were  much  less  than  he  was 
earning ; and  partly  for  other  reasons.  But  as  by  this 
time  he  was  very  easy  in  his  circumstances,  and  wTas 
desirous  of  some  repose,  he  accepted  the  appointment. 

The  most  important  case  it  fell  to  his  lot  to  try, 
while  he  was  on  the  bench,  was  the  indictment  against 
young  Mercer  for  murder.  He  had  shot  a young  man 
on  board  a steamboat,  so  that  he  died  at  Camden,  who 
was  believed  to  have  seduced  his  sister  in  Philadelphia. 
This  was  among  the  first  of  the  cases,  now  unfortu- 
nately so  common,  in  which  the  sentiment  of  the  com- 


346 


REMINISCENCES  OF  NEW  JERSEY. 


munity  seems  to  have  reached  the  conclusion,  that  as 
the  crime  cannot  otherwise  be  adequately  punished, 
the  murder  of  the  criminal,  if  perpetrated  by  a hus- 
band, father,  or  brother,  must  be  tolerated.  I was  my- 
self written  to  by  a friend  of  the  accused  and  asked 
if  I would  take  a fee  and  aid  in  the  defense.  I an- 
swered that  I would,  but  it  must  be  understood  that  I 
would  not  go  further  than  to  present  fairly  to  the 
court  and  jury  whatever  questions  of  law  and  fact 
should  appear  to  me  properly  debatable.  As  I ex- 
pected, I heard  nothing  more  from  my  correspondent. 

The  trial  took  place  at  Woodbury,  the  county  seat 
of  Gloucester  County,  of  which  Camden  was  then  a 
part.  In  one  respect  I thought  the  judge  committed 
a great  mistake.  The  court  of  oyer  and  terminer,  in 
which  he  presided,  consisted  of  several  county  judges, 
who  partook  of  the  public  feeling  strongly  in  favor  of 
the  accused.  When  a question  of  evidence  arose, 
sometimes  a question  of  great  importance,  he  heard 
the  argument  and  then  consulted  with  the  other 
judges,  announcing  the  opinion  of  the  majority,  from 
which  he  was  sometimes  compelled  openly  to  dissent. 
Had  he  followed  the  course  I found  it  best  to  adopt 
myself,  of  giving,  as  soon  as  the  argument  was  closed, 
my  own  opinion,  and  the  reasons  for  it,  and  then  de- 
siring the  other  judges  if  they  dissented  to  say  so,  he 
would,  in  most  of  the  cases,  have  escaped  the  necessity 
of  announcing  a very  erroneous  decision.  There  is 
no  reason,  however,  to  suppose  that  the  result  would 
have  been  different.  A clear  case  of  technical  murder 
was  proved,  and  he  charged  the  jury  very  explicitly, 
but  the  verdict  was,  Not  guilty.  It  must  be  stated, 
however,  that  Mercer  was  himself  ruined  by  the  crime. 
He  never  got  over  the  shock  to  his  nervous  system, 


JAMES  S.  NEVIUS. 


347 


occasioned  by  the  scenes  through  which  he  had  passed, 
and  after  some  years,  when  the  yellow  fever  prevailed 
so  fatally  at  Norfolk,  in  Virginia,  volunteered  as  a 
nurse,  took  the  fever  himself,  and  died,  it  was  said,  a 
true  penitent. 

Juds;e  Elmer  was  chosen  a member  of  the  conven- 
tion  convened  to  form  a new  constitution  in  1844. 
For  many  years  he  was  president  of  the  Cumberland 
Bank.  But  even  before  he  took  a seat  on  the  bench, 
he  had  begun  to  show  symptoms  of  overwork.  In- 
deed, I frequently  remonstrated  with  him  and  warned 
him  of  the  danger  he  was  incurring.  But  men  of  his 
temper  and  disposition  can  never  be  convinced  of  this 
error ; he  was  accustomed  to  say,  that  to  him  it  was 
easier  to  work  than  to  play.  In  the  winter,  after  he 
had  sat  in  the  convention,  he  had  a slight  apoplectic 
attack,  which  so  disabled  him  as  to  make  it  necessary 
for  him  to  resign  his  office,  and  from  which  he  never 
recovered.  He  died  in  1848.  Some  years  before  his 
death  he  became  a member  of  the  Presbyterian 
Church.  To  say  that  he  was  a strictly  honest  and  just 
man  is  hardly  praise ; for  these  are  characteristics 
which  have  been  always  attributed  to  the  family  to 
which  he  belonged. 

James  S.  Nevius  was  a justice  of  the  supreme 
court  fourteen  years.  He  was  born  in  Somerset 
County  in  the  year  1786,  and  graduated  at  Princeton 
College  in  1816.  Having  studied  law  with  Frederick 
Frelinghuysen,  he  was  licensed  as  an  attorney  in 
November,  1819,  admitted  as  a counselor  in  1823, 
and  called  to  be  a sergeant  at  law  in  1837.  In  1838, 
upon  the  death  of  Judge  Ryerson,  he  was  chosen  by 
the  joint  meeting  a justice  of  the  supreme  court,  and 
again  appointed  by  the  governor  in  1845. 


348 


REMINISCENCES  OF  NEW  JERSEY. 


He  took  up  his  residence,  and  followed  his  profes- 
sion as  a lawyer  in  New  Brunswick,  where  he  con- 
tinued to  reside  until  after  the  expiration  of  his 
second  term  as  a judge  in  1852,  when  he  removed 
to  Jersey  City,  where  he  died  in  1859.  I had  no 
personal  acquaintance  with  him,  and  no  knowledge 
of  his  professional  habits  while  he  was  at  the  bar. 

As  a judge  he  undoubtedly  showed  very  consider- 
able talents,  especially  in  presiding  at  the  circuits  and 
charging  a jury.  He  was  not,  however,  generally 
considered  as  having  a very  accurate  knowledge  of 
the  law,  nor  are  his  opinions,  although  generally 
well  and  forcibly  expressed,  always  safe  to  be  fol- 
lowed. The  characteristics  which  endeared  him  to 
his  personal  friends  were  not  such  as  were  specially 
fitted  to  m'ake  him  a safe  and  able  judge,  but  were 
rather  those  of  the  friend  and  companion.  His  im- 
pulses were  generous,  his  sympathy  was  easily  excited, 
and  he  was  ready  in  showing  favors  to  others,  often  to 
his  own  detriment.  His  unfailing  humor  and  love  of 
anecdote  made  him  the  life  of  the  social  circle,  at 
home  and  abroad.  Indeed,  these  characteristics  be- 
came so  prominent  as  greatly  to  interfere  with  his 
usefulness. 

When  I went  on  the  bench  in  1852,  he  had  a few 
months  of  his  term  still  to  serve,  and  I found  him  a 
most  agreeable  associate.  But  at  this  time  the  ap- 
pointments were  in  the  gift  of  a democratic  governor, 
and  as  the  first  governor  under  the  constitution,  who 
\yas  a Whig,  had  unfortunately  confined  his  judicial 
appointments  to  his  own  party,  now,  when  they  ex- 
pired, the  party  in  power  insisted  upon  having  at 
least  a share  of  them.  In  the  fluctuations  of  party 
which  have  since  occurred,  it  has  happened  that  the 


IRA  C.  WHITEHF.AD. 


349 


two  parties  have  been  pretty  equally  represented  on 
the  bench,  as  ought  to  be  the  case  whatever  party 
predominates. 

After  his  retirement  from  the  bench,  Judge  Nevius 
resumed  the  practice  of  law;  but  I believe  without 
very  flattering  success.  To  most  men,  especially  to 
those  whose  habits  of  legal  study  are  not  confirmed, 
absence  from  the  bar  for  so  long  a period  as  four- 
teen years,  renders  success  as  attorneys  or  advocates 
almost  impossible.  And  it  was  not  long  before  health 
began  to  fail. 

He  had  been  early  trained  in  the  catechism  and 
indoctrinated  in  the  system  of  evangelical  truth  by 
pious  parents,  and  by  his  pastor,  Rev.  Mr.  Cannon. 
He  was  always  a respecter  of  religion,  a careful  and 
constant  reader  of  the  Bible,  and  is  said  to  have  been 
for  many  years  before  his  death  in  the  habit  of  family 
and  secret  prayer;  and  although  he  yielded  to  temp- 
tation, and  indulged  to  excess  in  the  love  of  fun,  such 
a training  and  such  habits,  as  might  be  expected,  ul- 
timately brought  their  appropriate  reward.  He  fre- 
quently sought  the  society  and  the  correspondence  of 
Mr.  Frelinghuysen,  who  in  this,  as  in  so  many  other 
cases,  acted  the  part  of  a faithful  Christian  friend,  and 
had  the  pleasure,  at  last,  of  seeing  him  become  an 
avowed  disciple  of  the  Lord  Jesus. 

Ira  C.  Whitehead  was  a justice  of  the  supreme 
court  one  term  of  seven  years.  He  was  born  near 
Morristown  in  1798;  had  his  preparatory  education 
at  the  academy  in  that  town,  and  graduated  at  Prince- 
ton College  in  1816,  in  a class  of  which  Bishop  M’ li- 
vable, Rev.  Dr.  John  Maclean,  and  Judge  Nevius  were 
members. 


350 


REMINISCENCES  OF  NEW  JERSEY. 


He  studied  law  at  Newark  with  Hornblower;  was 
licensed  as  an  attorney  in  1821,  and  as  a counselor 
at  law  in  1824.  He  practiced  his  profession  for  a 
short  time  at  Schooley’s  Mountain,  but  soon  removed 
to  Morristown,  married  a Miss  Johnson,  a most  esti- 
mable lady,  and  continued  to  reside  there  until  his 
death.  He  was  for  some  time  a partner  of  George 
K.  Drake,  who  preceded  him  in  the  office  of  judge. 
During  his  professional  life  as  a lawyer,  I had  no 
special  knowledge  of  his  business,  and  only  know  that 
he  maintained  a very  respectable  standing  at  the  bar. 
In  1841,  upon  the  expiration  of  Judge  Ford’s  term, 
he  was  chosen  by  the  joint  meeting,  then  having  a 
majority  of  Whigs,  a justice  of  the  supreme  court. 

As  a judge  he  was  highly  respected,  and  fulfilled 
the  important  duties  of  that  office  with  a single  aim 
to  do  justice.  His  opinions,  as  reported  in  3d  and  4th 
Harrison,  Spencer,  and  Zabriskie,  show  him  to  have 
been  a painstaking,  conscientious,  reliable  judge.  His 
opinion  and  the  decision  of  the  court  in  Den  vs.  Allaire, 
Spencer,  6,  was  a good  deal  questioned,  but  it  was 
certainly  in  the  right  direction ; and  now  the  fourth 
section  of  the  supplement  to  the  act  concerning  wills, 
approved  March  12,  1851,  so  far  as  subsequent  wills 
are  concerned,  has  carried  the  principle  still  farther. 

When  his  term  expired  in  1848,  the  politics  of  the 
State  had  become  democratic,  and  all  the  judges  — 
at  that  time  five  — were  Whis;s.  Governor  Haines 
yielded,  I believe,  reluctantly  to  the  demand  for  the 
appointment  of  one  belonging  to  the  prevailing  party. 
On  his  retirement  from  the  bench,  Judge  Whitehead 
resumed  his  practice  very  successfully.  After  a few 
years,  at  the  request  of  the  bar,  he  accepted  a seat  on 
the  bench  of  the  court  of  common  pleas,  and  presided 


ELIAS  B.  D.  OGDEN. 


851 


in  that  court  one  or  two  terms.  His  character  as  a 
man  of  the  most  unswerving  integrity  of  purpose, 
caused  him  to  be  named  executor  of  the  wills  of 
several  persons  leaving  large  estates,  and  among 
others  of  William  Gibbons,  who  died  at  Madison,  and 
was  the  principal  legatee  of  his  father,  Thomas  Gib- 
bons, and  defendant  in  the  case  of  Den  vs.  Gibbons, 
2 Zab.  117,  where  the  extraordinary  will  of  the  hither 
is  given  in  full.  The  business  thus  intrusted  to  him, 
in  itself  important  and  lucrative,  occupied  his  time 
and  attention  during  the  remainder  of  his  life.  Some 
live  years  before  his  death  he  suffered  a slight  attack 
of  paralysis,  and  died  of  apoplexy  in  1867. 

He  was  an  earnest  Christian  gentleman,  and  liberal 
in  his  donations  for  benevolent  and  Christian  objects, 
having  only  a moderate  fortune,  one  half  of  which 
was  left  for  similar  purposes.  His  wife  and  his  only 
daughter  died  before  him. 


Elias  B.  D.  Ogden  was  the  son  of  Governor  Aaron 
Ogden,  and  was  born  at  Elizabethtown  in  1800.  He 
graduated  at  Princeton  in  1819;  was  licensed  as  an 
attorney  in  1824,  as  a counselor  in  1829,  and  was 
made  a sergeant  at  law  in  1837,  and  was  the  last  law- 
yer raised  to  that  dignity  in  the  State. 

He  practiced  his  profession  for  several  years  in  Pat- 
erson, and  was  prosecutor  of  the  pleas  two  terms.  He 
was  once  or  twice  a member  of  the  legislature,  and 
for  a time  president  of  the  bank.  In  1844  he  was  a 
member  from  the  County  of  Passaic  of  the  constitu- 
tional convention,  and  took  an  active  part  in  the 
deliberations  of  that  body. 

In  1848  he  was  appointed  by  Governor  Haines 
one  of  the  justices  of  the  supreme  court,  in  the  place 


352 


REMINISCENCES  OF  NEW  JERSEY. 


of  Judge  Whitehead,  whose  term  expired.  He  was 
reappointed  in  1855  by  Governor  Price,  and  again  in 
1862  by  Governor  Olden.  Until  we  sat  together  on 
the  bench  of  the  supreme  court,  I had  only  a gen- 
eral acquaintance  with  him ; during  the  eleven  years 
wre  were  associate  judges,  our  relations  were  always 
friendly.  If  we  did  not  always  agree  in  opinion,  and 
as  independent  thinkers  that  could  not  be  expected, 
we  differed  with  cordial  respect  for  each  other.  He 
was  a man  of  strong  intellect  and  much  natural  sa- 
gacity; highly  respectable,  but  not  distinguished  as 
a judge.  Educated  in  the  old  federal  faith,  like  his 
father,  he  preferred  Jackson  to  Adams,  and  thus  be- 
came a member  of  the  democratic  party,  to  which 
he  adhered  with  moderation  during  his  life.  Like 
most  of  those  belonging  to  that  party  in  New  Jersey, 
who,  whatever  opinions  they  entertained  in  regard  to 
the  origin  or  conduct  of  the  war  with  the  Southern 
Confederation,  deemed  it  their  duty  to  aid  in  bringing 
it  to  a safe  conclusion,  so  as  to  maintain  the  integ- 
rity of  the  Union,  he  carefully  abstained  from  giving 
countenance  to  any  attempt  to  oppose  the  measures 
of  the  federal  government.  In  the  case  of  The  State 
vs.  Zulich,  reported  in  5 Dutch.  409,  he  ruled  that,  as 
a judge  of  the  state  court,  he  had  no  authority  to 
interfere  for  the  release  of  a person  charged  with  an 
offense  against  the  laws  of  the  United  States. 

Judge  Ogden  continued  to  reside  in  Paterson  until 
1858,  when  he  returned  to  his  native  town,  and  to 
the  old  homestead  of  his  father.  In  the  early  part' of 
1865  he  was  attacked  by  pneumonia,  which  termi- 
nated his  life.  He  was  a member  of  the  Protestant 
Episcopal  Church,  an  active,  influential  member  of  the 
conventions  of  that  denomination,  and  a trustee  of 
the  college  at  Burlington. 


STACY  G.  POTTS. 


353 


Stacy  G.  Potts  was  one  of  the  justices  of  the  su- 
preme court  one  term  of  seven  years.  The  paternal 
ancestor,  from  whom  he  was  the  fourth  in  descent,  was 
Thomas  Potts,  a Friend,  who  emigrated  from  England 
with  his  wife  and  children,  in  company  with  Mahlon 
Stacy  and  his  family,  in  the  ship  Shield , and  landed  at 
Burlington  in  the  winter  of  1678,  she  being  the  first 
ship  that  went  so  far  up  the  Delaware.  Stacy  was  a 
leading  man  in  the  Society  of  Friends  and  in  the 
government  of  West  Jersey.  The  families  of  Stacy 
and  Potts  intermarried,  and  thus  the  two  names  were 
interchanged  in  both.  Stacy  owned  a plantation  of 
eight  hundred  acres  on  both  sides  of  the  Assanpink 
Creek,  which  he  sold  in  1714  to  Colonel  William  Trent 
of  Philadelphia,  from  whom  the  city  of  Trenton  took 
its  name. 

Stacy  Potts,  the  grandfather  of  the  judge,  was  a tan- 
ner, and  carried  on  his  business  at  Trenton.  His  resi- 
dence was  on  the  west  side  of  King  (now  Warren) 
Street,  opposite  Perry,  and  during  the  Revolution  and 
afterwards  he  kept  a house  of  entertainment.  Colonel 
Rahl  had  his  head-quarters  there  in  December,  1776, 
and  when  he  was  mortally  wounded,  was  taken  and 
died  there. 

The  father  took  up  his  residence  at  Harrisburg,  and 
in  1791  married  a Miss  Gardiner  of  Philadelphia,  a 
Presbyterian.  Their  son,  Stacy  Gardiner  Potts,  was 
born  in  Harrisburg  in  November,  1799.  Very  soon 
after  his  birth  his  father  purchased  a large  tract  of 
unimproved  land  in  Northumberland  County,  Pennsyl- 
vania, where  Stacy  continued  to  reside  until  the  year 
1808,  when  the  father  and  son  walked  together  to 
Trenton,  a distance  of  one  hundred  and  twenty  miles, 
arriving  at  the  latter  place  on  the  fourth  day  of  their 

23 


354 


REMINISCENCES  OF  NEW  JERSEY. 


journey.  When  they  arrived  at  the  bank  of  the  river 
opposite  the  city,  and  before  crossing  the  bridge,  then 
newly  erected,  the  boy  remarked,  “ I like  the  looks 
of  that  place  ; I think  I shall  live  there  all  my  life  ” 

Stacy  took  up  his  residence  with  his  grandfather, 
then  mayor  of  the  city,  and  commenced  his  education 
in  the  Friends’  School.  After  four  years  thus  passed, 
he  was  entered  as  an  apprentice  in  a printing-office ; 
and  having  access  to  a bookstore,  and  being  a mem- 
ber of  a debating  club  established  by  the  teachers  of 
the  Presbyterian  Sunday-school,  of  which  he  was  one, 
he  became  a diligent  reader,  and  cultivated  a taste  for 
speaking  and  composition,  soon  contributing  articles  in 
prose  and  verse  for  the  newspapers. 

In  1821,  when  he  became  of  age,  he  was  employed 
as  editor  of  the  “ Emporium,”  a weekly  newspaper,  for 
which,  and  for  a magazine  published  in  Philadelphia, 
he  wrote  many  articles.  Having  married,  while  thus 
maintaining  himself  and  family,  he  commenced  the 
study  of  law,  for  a short  time  with  Mr.  Stockton,  but 
mainly  with  Garret  D.  Wall.  He  was  licensed,  as  an 
attorney  in  1827,  and  as  a counselor  in  1830.  During 
his  year  of  preparation,  he  was  obliged  to  earn  his 
maintenance  by  continuing  to  edit  the  “ Emporium,” 
which  became  a leading  democratic  paper  and  sup- 
porter of  General  Jackson.  He  also  taught  a class  in 
a girls’  school  for  an  hour  each  day.  In  1828  and  1829, 
he  was  elected  to  the  legislature  as  a Jackson  Demo- 
crat. In  1831  he  was  elected  by  the  joint  meeting 
clerk  of  the  court  of  chancery ; and  was  reelected  in 
1836,  holding  the  office  ten  years.  This  he  made  for 
the  first  time  a very  lucrative  office,  more,  however,  as 
I have  heard  him  say,  by  making  himself  thoroughly 
acquainted  with  the  practice  and  proceedings  in  equity, 


STACY  G.  POTTS. 


855 


and  by  drawing  the  necessary  process,  decrees,  etc.,  for 
the  solicitors,  for  which  they  were  glad  to  allow  him 
their  fees,  than  by  the  proper  business  of  the  office. 
He  thus,  and  by  his  subsequent  practice  as  a lawyer, 
acquired  a very  handsome  competency.  In  1841  he 
published  a book  of  chancery  precedents  very  useful 
to  the  bar,  and  still  in  demand. 

At  the  close  of  his  clerkship,  his  health,  always  fee- 
ble from  something  resembling  hereditary  gout,  hav- 
ing suffered  from  his  close  attention  to  his  laborious 
occupation,  he  made  a voyage  to  Europe,  in  company 
with  his  brother,  the  late  Rev.  William  S.  Potts,  D.  D., 
an  eloquent  preacher  in  St.  Louis.  And  it  is  to  be 
noted  that  he  had  another  brother  in  the  ministry,  the 
Rev.  Theophilus  G.  Potts,  who  died  in  1844.  He  was 
a careful  observer  of  the  legal  proceedings  in  the 
courts  of  Great  Britain,  and  visited  most  of  the  re- 
markable places  in  that  country,  and  some  on  the  Con- 
tinent, returning  greatly  benefited  by  the  timely  re- 
laxation. In  1844  the  honorary  degree  of  A.  M.  was 
conferred  on  him  by  Princeton  College.  In  1845,  in 
conjunction  with  Peter  D.  Yroorn,  Henry  W.  Green, 
and  William  L.  Dayton,  he  collated  and  revised  the 
statute  laws  of  the  State,  the  labor  of  the  arrange- 
ment, printing,  and  index  falling  mainly  on  him.  In 
1847  he  was  appointed  one  of  the  first  managers  of 
the  State  Lunatic  Asylum,  continuing  in  the  board 
until  he  went  on  the  bench. 

In  1852  he  was  nominated  by  Governor  Fort,  and 
confirmed  by  the  senate,  one  of  the  justices  of  the 
supreme  court,  taking  as  his  circuit  the  counties  of 
Gloucester,  Camden,  Burlington,  and  Ocean,  the  court 
then  consisting  of  five  judges.  He  was  associated 
with  Chief  Justice  Green  and  judges  Ogden,  Elmer,  and 


356 


REMINISCENCES  OF  NEW  JERSEY. 


Haines.  Up  to  the  time/of  his  appointment  as  clerk 
of  chancery  I had  but  a slight  acquaintance  with  him, 
and  during  that  time  only  such  as  our  business  rela- 
tions required.  When  we  came  to  be  associated  dur- 
ing seven  years  as  judges,  our  relation  became  inti- 
mate, and  my  esteem  for  him  grew  with  every  re- 
curring; vear  of  our  intercourse. 

Although  quick  to  learn,  and  earnest  to  fulfill  his 
duties,  as  might  be  expected  from  his  previous  train- 
ing, when  he  took  his  seat  on  the  bench  he  was  defi- 
cient in  some  branches  of  legal  learning.  He  had 
had  no  experience  in  criminal  proceedings,  nor  was  he 
well  versed  in  the  more  abstruse  branches  of  the  law 
of  real  estate.  But  he  was,  on  the  whole,  a very  good 
judge,  and  deservedly  popular  with  the  bar  and 
the  public  in  general.  He  had  no  such  pride  of 
opinion  as  hindered  him  from  being  willing  to  correct 
any  error  into  which  he  had  fallen.  In  all  matters 
relating  to  contracts  and  to  equity,  his  knowledge  was 
accurate  and  his  opinions  reliable.  In  consultation 
he  was  open  to  conviction,  without  the  weakness  of 
always  deferring  to  the  opinions  of  others.  Although 
he  wrote  with  great  facility  and  in  a good  style,  he 
was  seldom  willing  to  reconstruct  his  opinion,  even  if 
he  changed  his  mind.  A careful  perusal  of  his  opin- 
ion in  the  case  of  Den  vs.  Philhower  & Sowers,  4 Zab. 
801,  will  show  that  it  was  at  first  written  in  favor  of 
affirming  the  judgment  in  the  circuit  court;  but  when 
on  further  examination  of  the  current  of  decisions  in 
the  State,  he  found  that  this  would  be  to  hold  rather 
what  the  law  ought  to  be  than  what  it  was,  he  altered 
the  last  proposition  on  page  807,  and  thus  came  to  a 
different  result,  in  accordance  with  the  opinion  of  all 
the  other  judges.  But  such  a change  of  opinion  is 


STACY  G.  POTTS. 


357 


not  unusual.  It  happened  in  one  case  that  I drew  up 
an  opinion,  and,  the  case  being  reargued,  became  con- 
vinced I was  wrong;  but  a majority  of  the  judges 
thinking  the  opinion  right  adopted  it  with  but  slight 
alteration.  Perhaps  the  most  important  case  before 
Judge  Potts  was  that  of  Cornelius  vs.  Giberson,  1 
Dutch.  1,  involving  the  location  of  the  line  between 
East  and  West  Jersey.  His  ruling  on  that  question 
remains  undisturbed,  although  the  judgment  was  re- 
versed on  the  question  of  fact  as  to  adverse  posses- 
sion. 

A case  occurred  in  the  spring  of  1856,  which,  al- 
though it  related  to  a serious  subject,  afforded  me  a 
good  deal  of  amusement.  One  of  the  Camden  steam 
ferry-boats  took  fire  while  crossing  the  river,  and  a 
number  of  persons,  including  some  residents  of  Phila- 
delphia, lost  their  lives.  This  tragedy  excited  much 
feeling,  increased  as  usual  by  the  comments  of  the 
newspapers,  and  there  were  strong  statements  that 
the  directors  of  the  company  would  be  indicted  *for 
murder  in  the  city,  and  there  was  real  danger  of  a 
result  that  might  be  very  unjust.  In  this  state  of 
affairs,  by  the  advice  of  an  astute  lawyer,  a formal 
charge  of  manslaughter  was  made  in  Camden  against 
the  respectable  gentlemen  who  were  the  directors, 
one  of  whom  resided  in  Trenton,  and  they  were 
arrested.  As  an  ordinary  magistrate  could  not  bail 
them,  Judge  Potts  was  sent  for  in  haste  and  held  the 
accused  to  a pretty  heavy  bail. 

When  I saw  him  a few  days  afterwards,  he  told  me 
very  gravely  of  the  circumstance  and  of  the  agitation 
displayed  by  some  of  the  individuals  bailed,  one  of 
whom  actually  shed  tears.  It  had  happened  that  the 
prosecutor  of  the  State  for  Camden  County  had  been 


358 


REMINISCENCES  OF  NEW  JERSEY. 


called  away  from  a court  I was  holding  to  attend  the 
examination  of  the  prisoners,  and  had  found  himself 
obliged  to  excuse  himself  by  explaining  the  whole 
affair.  It  thus  became  known  to  me  that  the  real 
object  was  to  enable  these  defendants  to  avail  them- 
selves of  the  provisions  in  the  compact  between  Penn- 
sylvania and  New  Jersey,  respecting  jurisdiction  over 
the  river  Delaware,  that  each  state  should  have  con- 
current jurisdiction  over  crimes  committed  on  the 
river,  but  that  the  investigation  and  determination 
thereof  should  be  exclusively  vested  in  the  state 
wherein  the  offender  should  be  first  apprehended, 
arrested,  or  prosecuted.  But  Judge  Potts  and  most 
of  the  defendants  were  kept  in  profound  ignorance 
of  this  purpose,  and  thought  they  had  been  engaged 
in  a very  serious  transaction,  and  it  was  with  difficulty 
I could  make  the  judge  understand  that  probably 
nothing  more  serious  would  occur  than  that  several 
very  respectable  gentlemen  would  be  delivered  from 
an  unpleasant  charge.  The  result  was  that  a bill  of 
indictment  was  duly  drawn  and  laid  before  the  grand 
jury  of  Camden  County,  who  examined  the  witnesses 
and  ignored  the  bill ; and  the  accused,  when  subse- 
quently indicted  in  Philadelphia,  upon  this  fact  being 
shown,  were  discharged. 

Upon  the  expiration  of  his  term  of  office,  in  1859, 
his  health  had  become  so  much  impaired  that  he 
declined  a reappointment,  and  replacing  his  library 
with  literary,  historical,  and  religious  books,  he  de- 
voted his  time  to  their  perusal,  together  with  the 
Scriptures,  and  commenced  a work  entitled,  “The 
Christ  of  Revelation,”  in  which  he  made  some  prog- 
ress, but  did  not  live  to  finish.  His  principle  as  to 
the  disposal  of  his  income  is  worthy  of  record  as  an 


STACY  G.  POTTS. 


359 


example.  His  resolution  was  “ to  practice  a rational 
economy  in  my  own  expenditures,  and  a liberal  pro- 
fusion in  the  cause  of  my  Master,  who  has  given  me 
all  I have.” 

His  mother  was  a Presbyterian,  and  made  her  first 
profession  of  faith  at  Trenton  in  1810,  and  shortly 
afterwards  her  husband  with  their  four  children  were 
baptized.  The  judge’s  own  record  of  his  religious  im- 
pressions, derived  at  first  from  his  mother,  is  as  fol- 
lows : “ I do  not  remember  when  I had  no  serious 
thoughts.  As  my  mind  opened  to  comprehend  the 
goodness  and  beneficence  of  God  in  his  Providence ; 
his  glory  and  power  as  exhibited  in  nature ; and  his 
wondrous  love  in  redemption,  my  heart  was  often 
filled  with  love  and  my  eyes  with  tears.  My  young 
circle  of  friends  numbered  some  ardently  pious  stu- 
dents of  theology,  as  I grew  up  ; but  I was  resolutely 
opposed  to  the  Calvinistic  scheme. 

“In  the  year  1817-18,  my  connection  with  the 
Sabbath-school  introduced  me  into  the  delightful 
young  circle  at  the  Rev.  S.  B.  How’s,  the  pastor ; and 
here  Scott’s  ‘ Force  of  Truth  ’ was  put  in  my  hands  by 
his  brother,  the  late  Dr.  James  C.  How  of  Delaware. 
I read  it  carefully,  and  became  convinced  that  I was 
wrong,  and  that  no  other  scheme  can  be  reconciled 
with  a full,  intelligent  conception  of  the  infinite  per- 
fections and  attributes  of  God.  This  removed  every 
difficulty  in  the  way  of  my  uniting  with  the  Church, 
except  a timidity  which  hung  about  me  like  an  iron 
chain,  and  which  still  kept  me  from  a public  profes- 
sion, notwithstanding  my  convictions  of  duty,  my 
mother’s  earnest  prayers,  and  the  advice  of  friends, 
until  the  approaching  responsibilities  of  the  married 
life  fixed  my  purpose.”  He  was  received  to  the  com- 


360 


REMINISCENCES  OF  NEW  JERSEY. 


munion  of  the  Church  in  1822,  and  was  ordained  a 
ruling  elder  in  1836. 

He  was  at  different  times  connected  with  various 
boards  and  institutions  of  the  Church.  When  a mem- 
ber of  the  General  Assembly  in  1851,  he  was  made 
chairman  of  a special  committee  to  arrange  the  com- 
plicated finances  of  the  Church.  His  report,  presented 
the  next  year,  and  published  in  full  in  the  appendix 
to  the  minutes,  elicited  great  admiration  for  the  skill 
and  labor  it  evinced,  and  placed  the  accounts  (ar- 
ranged in  fifty-six  different  schedules)  on  a permanent 
oasis.  He  was  engaged  in  the  Sunday-school  as  a 
teacher  or  superintendent  thirty-six  years.  He  was 
a diligent  reader  of  the  Bible.  A few7  months  before 
his  death  he  wrote,  “ I have  read  the  Bible  through 
many  times,  and  portions  of  it  daily  for  now  nearly 
sixty  years;  but  a close,  critical,  and  prayerful  re-read- 
ing, as  a study,  interests  me  exceedingly.  Truly  it  is 
a fountain  of  exhaustless  light  and  life.” 

His  health  continued  to  decline,  and  in  1865,  man- 
ifestly matured  in  grace  through  his  afflictions,  he 
entered  upon  his  rest.  In  preparing  this  notice  of 
nim,  I have  made  free  use  of  an  article  in  a Trenton 
newspaper,  written,  I believe,  by  his^  pastor,  Rev.  Dr. 
Hall. 


CHAPTER  XIII. 


JUDGES  I HAVE  KNOWN. 

JOSEPH  C.  HORNBLOWER.  WILLIAM  L.  DAYTON.  EDWARD  W. 
WHELPLEY.  GEORGE  H.  BROWN. 


OSEPH  C.  HORNBLOWER  was  chief  justice  of 


the  supreme  court  fourteen  years,  chosen  by  the 
joint  meeting  in  1832,  upon  the  death  of  Chief  Justice 
Ewing,  and  reelected  in  1839.  As  the  president  of 
the  Historical  Society,  he  has  been  fully  commemo- 
rated in  a memoir  read  before  the  society  by  his  suc- 
cessor in  that  office,  the  late  Judge  Field,  and  pub- 
lished with  its  proceedings. 

At  the  time  of  his  appointment  he  was  fifty-five 
years  old,  having  been  born  at  Belleville,  in  Essex 
County,  in  the  year  1777.  His  father  was  from  Eng- 
land and  by  profession  a civil  engineer,  who  came  to 
this  country  in  1753;  was  a member  of  the  legislature 
and  a delegate  to  the  Continental  Congress,  and  died 
in  1809  at  the  age  of  eighty  years. 

The  future  chief  justice  was  the  youngest  of  twelve 
children,  and  was  a small  and  delicate  child,  of  a 
feeble  constitution  and  sickly  habit,  and  seemed  des- 
tined to  an  early  grave  ; indeed  I have  heard  him  say, 
after  he  had  passed  his  threescore  and  ten  years,  that 
he  never  expected  to  live  so  long.  Although  he  did 
in  fact  live  far  beyond  the  year  when,  according  to 
the  inspired  Psalmist,  the  strength  of  man  is  labor 
and  sorrow,  he  was  all  his  life  of  feeble  health ; and 


362 


REMINISCENCES  OF  NEW  JERSEY. 


it  cannot  be  doubted,  that,  although  by  no  means 
deficient  in  mental  acumen,  his  want  of  that  resolute 
self-will  which  seems  necessary  to  produce  a firm 
adherence  to  settled  opinions,  the  absence  of  which 
wras  his  chief  defect  as  a judge,  was  owing  to  this 
physical  constitution.  At  the  age  of  sixteen  he  had 
an  attack  of  paralysis,  from  which  he  recovered  very 
slowly.  After  a service  of  ten  years  in  New  York 
with  a brother-in-law  engaged  in  mercantile  business, 
he  entered  the  office  of  David  B.  Ogden,  then  a 
young  and  rising  lawyer  in  Newark,  afterwards  a dis- 
tinguished lawyer  in  New  York.  Not  having  taken 
a degree  in  any  college,  it  became  necessary  for  him, 
in  accordance  with  the  rule  then  in  force,  to  serve  a 
clerkship  of  five  years  before  he  could  be  licensed  as 
an  attorney.  In  February,  1803,  he  was  admitted  to 
the  bar,  became  a counselor  in  1806,  and  in  1816  a 
sergeant  at  law.  Before  his  admission  to  practice,  he 
was  taken  into  partnership  wTith  his  preceptor.  His 
business  as  a lawyer  soon  became  large  and  lucrative. 

He  married  a granddaughter  of  Dr.  William  Bur- 
net (an  elder  sister  of  Mrs.  Governor  Pennington), 
and  resided  all  his  life  in  Newark.  When  I became 
acquainted  with  him,  I regarded  him  as  the  ablest 
advocate  at  the  Newark  bar.  His  talents  were  such 
as  better  fitted  him  for  this  position  than  for  that  of 
a judge.  He  was  untiring  in  his  industry,  and  his 
knowledge  was  always  at  his  fingers’  ends  and  ready 
for  use.  He  belonged  to  that  class  of  lawyers  who 
easily  persuade  themselves  that  their  client’s  cause  is 
just,  and  was  sometimes  very  slow  to  see  the  justice 
of  an  adverse  decision.  But  he  aimed  scrupulously 
to  confine  his  efforts  within  the  limits  of  fair  argu- 
ment, and  was  too  honest  himself  knowingly  to 


JOSEPH  C.  HORNBLOWER. 


363 


countenance  any  one  in  an  attempt  to  commit  a 
wrong. 

When  brought  forward  for  the  appointment  of 
chief  justice,  those  opposed  to  him  objected,  with  at 
least  an  appearance  of  truth,  that  he  had  every  re- 
quisite of  a good  judge  but  sound  judgment.  He 
was  not  deficient  in  legal  learning,  nor  was  he  be- 
hind the  most  distinguished  ornaments  of  the  bench 
in  the  most  inflexible  love  of  justice  and  right.  He 
thought  rapidly,  it  may  be  said  too  rapidly ; indeed 
he  often  seemed  to  think  aloud,  and  did  not  take 
time  to  mature  his  opinions.  At  the  circuits  he  was 
apt  to  decide  hastily ; and  when  cases  argued  before 
the  full  bench  were  held  over,  he  not  infrequently 
drew  up  two  opinions,  on  opposite  sides  of  the  ques- 
tions involved,  and  it  was  by  no  means  certain  which 
he  wrould  himself  adopt.  Most  judges  encounter 
doubts,  difficulties,  and  misgivings,  alternations  of 
opinion,  in  the  steps  by  which  they  reach  their 
conclusion,  and  cannot  be  very  safe  judges  if  they 
do  not ; because  in  some  cases  the  line  between  the 
rights  and  justice  of  the  two  sides  is  by  no  means 
distinct,  and  the  legal  result  depends  upon  the  bal- 
ancing of  quite  uncertain  analogies ; but  commonly 
only  the  final  result  is  seen.  In  more  than  one  case 
in  my  own  experience  that  result  was  reached  at  last 
in  a way  quite  unexpected  at  the  beginning.  In  one 
case  in  which  I sat  with  three  other  judges,  when  we 
came  to  confer  we  were  equally  divided,  an  opinion 
one  way  having  been  drawn  up  by  two  of  the  judges, 
while  mine,  with  which  one  of  the  judges  concurred, 
was  directly  opposite.  After  considerable  discussion 
the  case  was  laid  over  until  the  succeeding  term. 
When  we  came  again  to  consider  it,  the  leading 


364 


REMINISCENCES  OF  NEW  JERSEY. 


opinion  opposed  to  mine  was  abandoned,  and  finally 
the  decision  was  announced  and  appears  in  the  official 
report  as  the  unanimous  opinion  of  the  court.  In  a 
much  earlier  case  in  which  I was  counsel,  when  the 
court  consisted  of  three  judges,  two  of  whom  agreed 
to  a decision  against  my  client,  I learned  afterwards 
that  at  the  first  two  of  the  judges  had  written  opin- 
ions the  other  way,  but  finally  one  of  them  changed 
his  mind  and  thus  changed  the  result. 

In  the  case  of  Cumberland  Bank  vs.  Hann  (a  Ger- 
man surname  corrupted  from  Hahn),  reported  in  4 
Harr.  166,  I was  counsel,  and  which  was  first  argued 
before  the  circuit  court,  the  chief  justice  drew  up  an 
opinion  before  he  had  time  to  return  to  his  home, 
which  was  communicated  to  the  counsel,  and  which 
was  very  strong  for  my  clients.  After  his  tour  of 
circuits  was  through  and  he  had  leisure  to  look  into 
the  prior  authorities,  he  recalled  his  opinion  and 
caused  the  case  to  be  certified  to  the  supreme  court, 
and  then  delivered  the  opinion  as  reported,  which 
modified  quite  materially  his  original  opinion,  both 
in  respect  to  the  final  decree  and  the  principles  upon 
which  it  was  founded.  The  faults  of  the  judge  were 
indeed  the  faults  of  a generous  and  noble  nature. 
He  was  always  anxious  to  arrive  at  a right  result,  and 
if  he  fell  into  an  error  was  ever  ready,  even  hasty, 
to  repair  it. 

I was  present  at  the  trial  of  a case  before  him  at 
the  Salem  circuit,  which  showed  his  disposition  very 
plainly.  It  was  an  action  against  a respectable  white 
citizen,  by  a mulatto  man,  for  the  alleged  seduction 
of  his  daughter,  in  which  a fee  was  offered  to  me  in 
behalf  of  the  plaintiff,  which  I declined.  The  counsel 
for  the  plaintiff  was  incompetent,  and  in  fact  was 


JOSEPH  C.  HORNBLOWER. 


365 


about  to  leave  his  case  liable  to  a nonsuit  at  the  be- 
ginning, had  not  the  judge  prompted  him,  and  in- 
deed shown  a most  decided  sympathy  for  the  plaintiff, 
occasioned  in  part  by  his  deep  feelings  in  behalf  of 
the  colored  race.  The  testimony  of  the  daughter, 
unsupported  however,  made  out  a tolerably  plausible 
case  for  the  plaintiff;  but  when  two  or  three  witnesses 
had  shown  her  story  to  be  false,  he  stopped  the  cause, 
told  the  parties  it  was  unnecessary  to  go  any  farther, 
and  advised,  almost  constrained  the  plaintiff’s  counsel 
to  submit  to  a nonsuit. 

The  style  of  Chief  Justice  Hornblower  was  remark- 
ably clear  and  correct,  and  cannot  but  be  regarded 
with  surprise  when  it  is  remembered  that  his  early 
education  was  defective,  and  that  he  was  obliged  to 
confine  his  reading  very  much  to  law  books.  And  he 
wrote  with  great  rapidity  and  ease.  Many  of  his 
opinions,  as  reported  by  Green,  Harrison,  and  Spen- 
cer, are  well  worthy  of  diligent  perusal,  and  although 
sometimes  deficient  in  logical  precision,  and  some- 
times apparently  written  from  impulse  rather  than 
from  cool  reflection,  they  often  elucidate  perplexing 
questions  very  forcibly. 

As  the  presiding  judge  of  the  courts  of  oyer  and 
terminer  in  the  different  counties  of  the  State,  he 
sat  in  several  very  important  cases  of  murder,  and 
conducted  them  to  a very  satisfactory  result,  pre- 
senting the  cases  to  the  juries  in  charges  directly  to 
the  point,  and  calculated  to  lead  them  to  the  right 
conclusion.  This  function  of  a judge  is  indeed  the 
most  important  of  all.  Attempts  have  been  some- 
times made  to  induce  the  legislature  of  this  State 
to  interfere  with  this  high  prerogative,  and  even  to 
go  so  far,  as  several  States  have,  as  to  prohibit  the 


366 


REMINISCENCES  OF  NEW  JERSEY. 


judge  from  closing  the  case  with  a direct  charge ; but 
hitherto,  as  it  is  to  be  hoped  they  always  may  be, 
without  success.  Under  the  direction  of  a competent 
judge  the  trial  by  jury,  in  criminal  and  in  civil  cases, 
is  of  great  value ; but  left  to  themselves,  or  badly  in- 
structed, a jury  is  very  often  wholly  unfit  to  decide 
a complicated  case,  and  where  there  is  room  for  par- 
tiality or  prejudice  is  very  unsafe. 

In  the  case  of  The  State  vs.  Spencer,  reported  in  1 
Zab.  197,  he  delivered  an  opinion  on  two  very  im- 
portant and  interesting  questions,  in  both  of  which 
he  laid  down  correct  principles,  which  have  had  a 
marked  and  beneficial  influence  in  this  State  and 
elsewhere. 

The  first  related  to  the  law  of  challenges  to  the 
competency  of  jurors  to  serve,  who  had  expressed  or 
formed  an  opinion  on  the  guilt  or  innocence  of  the 
party  accused.  Chief  Justice  Marshall,  perhaps  in 
accordance  with  the  previous  practice  in  Virginia, 
upon  the  trial  pf  Burr  for  high  treason,  permitted 
each  juror,  when  he  was  called,  to  be  asked  if  he  had 
ever  formed  or  expressed  an  opinion  upon  the  case. 
The  first  man  called  answered,  “ I cannot  say  that  I 
have,  since  I have  been  summoned ; before  that  I 
have  in  my  own  mind.”  He  was  set  aside  ; and  out  of 
the  first  panel,  of  whom  thirty-eight  appeared,  only 
four  were  accepted,  and  more  than  a week  was  con- 
sumed in  obtaining  a jury.  This  example  was  gener- 
ally followed  throughout  the  United  States,  and  pro- 
duced difficulties  and  delays  very  injurious  to  the  due 
administration  of  criminal  justice,  the  evil  effects  of 
which  are  still  felt  in  many  of  the  States.  The  chief 
justice,  following  to  its  legitimate  results  the  decision 
of  the  supreme  court,  announced  by  himself  in  the 


JOSEPH  C.  HORNBLOWER. 


367 


case  of  Mann,  vs  Glover,  had  the  courage  to  go  back 
to  the  true  practice,  although  it  was  acknowledged 
that  the  courts  in  the  State  had  generally  followed 
the  ruling  in  Burr’s  Case.  He  laid  down  the  law  to  be, 
as  it  has  been  since  expressly  ruled  by  a full  bench 
of  the  supreme  court  (State  vs.  Fox,  1 Dutch.  566), 
that  it  does  not  constitute  a good  cause  of  challenge 
to  a juror,  that  he  has  formed  and  expressed  an 
opinion  of  the  guilt  of  the  prisoner  founded  upon 
his  knowledge  of  the  facts,  or  upon  information 
supposed  to  be  true.  A declaration  of  opinion  to  dis- 
qualify a juror,  must  be  such  a one  as  implies  malice 
or  ill-will  against  the  prisoner.  Chief  Justice  Green, 
in  deciding  this  case,  — who  on  several  occasions 
overruled  the  opinions  of  his  predecessor,  — referring 
to  the  decision  in  the  Spencer  Case,  remarks,  “It  is 
believed  to  have  met  the  general  approval  of  the  pro- 
fession. While  its  adoption  has  avoided  much  delay 
and  embarrassment  in  the  empaneling  of  juries,  it 
has  not  been  found  to  operate  prejudicially  to  the 
rights  of  defendants.  The  most  unequivocal  proof 
of  the  truth  of  this  statement  is  found  in  the  fact 
that,  although  the  rule  has  been  adopted  and  applied 
on  the  trial  of  at  least  thirty  capital  cases  since  its 
adoption  in  Spencer’s  Case,  and  although  convictions 
for  murder,  or  for  crimes  of  lower  degree,  have  taken 
place  in  a large  number  of  these  cases,  no  exception 
has  been  taken  to  the  rule,  nor  has  the  question 
been  in  any  way  hitherto  presented  for  consideration 
to  this  court.” 

The  other  question  discussed  was  the  law  of  in- 
sanity, upon  which  the  defense  was  rested.  On  this 
difficult  subject  his  charge  was  altogether  satisfactory, 
except,  perhaps,  his  definition  of  the  crime  of  murder 


368 


REMINISCENCES  OF  NEW  JERSEY. 


in  the  first  degree,  as  distinguished  from  the  crime 
of  murder  in  the  second  degree,  which  is  not  in- 
cluded in  the  report  by  Zabriskie,  but  which  has 
been  copied  into  the  text-books  on  this  subject,  with 
which  I have  never  felt  entirely  satisfied.  He  said, 
“ The  premeditation  or  intent  to  kill  need  not  be  for 
a day  or  an  hour,  nor  even  for  a minute.  For  if  the 
jury  believe  there  was  a design  and  determination  to 
kill  distinctly  formed  in  the  mind  at  any  moment  be- 
fore, or  at  the  time  the  pistol  was  fired,  or  the  blow 
was  struck,  it  was  a willful,  deliberate,  and  premedi- 
tated killing,  and  therefore  murder  in  the  first  de- 
gree.” Although  I cannot  say  that  if  sitting  in  a 
court  of  error  I should  hold  that  such  a charge  was  so 
erroneous  as  to  require  a reversal  of  the  judgment, 
I can  say  that  I was  never  so  well  satisfied  with  it  as 
to  use  such  language.  I much  preferred  to  say,  and 
in  several  cases  of  murder  did  say  to  the  jury,  that  to 
constitute  murder  in  the  first  degree  the  killing  must 
have  been  willful,  deliberate,  and  premeditated,  and 
that  although  the  law  specified  no  time  during  which 
the  intention  to  kill  existed,  yet  the  jury  ought  to  be 
satisfied  the  intention  was  formed  before  the  act  was 
committed  which  resulted  in  death. 

The  decision  in  the  case  of  Clark  vs.  Richards,  3 
Green,  347,  concurred  in  by  Judge  Ryerson,  but  from 
which  Judge  Ford  dissented,  occasioned  much  sur- 
prise to  the  older  members  of  the  profession,  it  having 
been  previously  understood  that  the  language  of  the 
ninth  and  tenth  sections  of  the  act  for  the  limitation 
of  actions,  originally  passed  in  1799  (Pat.  Rev.  353), 
now  the  tenth  and  eleventh  sections  (Nix.  Dig., 
4 edit.  512),  was  too  plain  to  allow  any  other  inter- 
pretation than  that  all  the  disabilities  named  in  the 


JOSEPH  C.  HORNBLOWER. 


369 


statute  that  existed  between  the  beginning  of  the  ad- 
verse possession  and  the  commencement  of  the  suit, 
must  be  deducted  from  the  twenty  years  which  barred 
an  action.  However  incorrect  as  an  interpretation  of 
the  meaning  of  language,  it  undoubtedly  brought  the 
law  more  in  accordance  with  sound  policy.  I was  my- 
self of  counsel  in  a case  where  the  title  of  the  plain- 
tiff had  accrued  nearly  forty  years  before  the  action 
was  brought;  but  she  was  a widow,  who,  although 
twice  married  within  the  time,  had  not  been  without 
a husband  more  than  five  years  of  the  whole  period. 
She  lost  her  case,  but  on  another  point.  At  one  time 
the  law  as  declared  in  Clark  vs.  Richards  came  very 
near  being  overturned  by  a decision  of  the  supreme 
court.  In  a case  heard  before  four  of  the  judges,  of 
whom  I was  one,  nearly  twenty  years  afterwards, 
this  question  was  again  raised,  and  the  three  judges 
associated  with  me  were  at  first  disposed  to  overrule 
the  previous  decision.  It  happened,  however,  that 
we  were  all  agreed  that  another  point  in  the  case  was 
decisive  for  the  defendant,  and  I strongly  urged  that 
it  was  unwise  to  disquiet  titles  by  questioning  a 
decision  that  had  been  so  long  acted  upon.  This  con- 
sideration finally  prevailed,  so  that  now,  after  a lapse 
of  thirty-five  years,  it  is  not  likely  that  the  rule>  as 
now  understood,  will  be  disturbed.  All  the  judges 
associated  with  me  thought  the  law  ought  to  be  as  it 
was  held  in  the  case  of  Clark  vs.  Richards ; and  if 
they  had  decided  that  it  was  otherwise,  would  have 
joined  in  taking  measures  to  have  the  law  altered  by 
the  legislature.  It  should  be  noticed  that  Judge 
Ryerson  and  Mr.  Griffith  were  mistaken  in  supposing 
the  original  act  to  have  been  drawn  by  Paterson.  It 
does  not  appear  in  the  drafts  he  left  of  the  acts  pre- 


370 


REMINISCENCES  OF  NEW  JERSEY. 


pared  by  him ; before  it  was  passed  he  had  ceased 
to  report  any  new  acts. 

Ilornblower  was  one  of  the  members  of  the  con- 
vention to  prepare  a new  constitution  in  1844,  and 
took  an  active  part  in  the  formation  of  the  instru- 
ment submitted  to  the  people  of  the  State  and 
adopted  by  a large  majority.  They  were  a select 
body  of  men,  designated  in  each  county  so  as  to  rep- 
resent both  the  political  parties,  and  thus  chosen  with- 
out a contest.  In  many  respects  the  constitution 
they  framed  was  a great  improvement  of  the  old  one  ; 
but  in  many  respects  it  is  very  defective,  so  that  I 
think  it  cannot  be  long  before  it  will  be  remodeled. 
The  great  defect,  in  my  opinion,  is  the  limitation  of 
the  governor’s  veto,  so  that  a bare  majority  can  pass 
a law  notwithstanding  his  objections.  This  departure 
from  the  provision  on  this  subject  in  most  of  the 
state  constitutions,  as  well  as  in  that  of  the  United 
States,  was  probably  occasioned  by  the  fact  that  Pres- 
ident Tyler  had  recently  vetoed  a new  charter  of  the 
United  States  Bank,  and  greatly  disturbed  the  busi- 
ness community.  But  nothing  is  more  apparent  than 
that  there  is  little  danger  of  too  much  checking  the 
tendency  to  over  legislate. 

When  the  second  term  of  the  chief  justice  expired 
in  184C,  the  power  of  appointment  was  vested  in  the 
governor  with  the  advice  and  consent  of  the  senate. 
A gentleman  agreeing  with  him  in  politics  filled  that 
station,  but  he  declined  to  nominate  him,  it  was 
currently  said,  on  the  ground  that  in  the  convention 
of  which  they  were  fellow-members,  he  had  shown 
too  much  disposition  to  change  his  opinions.  I have 
always  thought  the  decision  uncalled  for,  and  were  it 
not  that  he  selected  a very  superior  man  to  succeed 


JOSEPH  C.  HORNBLOWER. 


371 


him  (H.  W.  Green,  who  is  still  living),  it  would 
probably  have  been  more  complained  of  than  it  was. 

After  the  close  of  his  judicial  labors,  he  engaged  to 
some  extent  in  business  as  a lawyer;  but  younger 
men  had  taken  the  lead  at  the  bar,  and  he  did  not 
meet  with  much  success.  He  was,  however,  by  no 
means  idle.  The  College  of  New  Jersey  had  in  1841 
conferred  on  him  the  honorary  degree  of  LL.  D.,  and 
in  1847  he  was  appointed  professor  of  law,  with  the 
hope  that  he  would  take  up  his  residence  in  Princeton 
and  aid  in  building  up  a permanent  school  of  law. 
But  no  adequate  salary  was  attached  to  the  office, 
and  although  he  accepted  the  appointment,  he  was 
unwilling  to  leave  the  residence  in  which  he  had  spent 
so  many  years.  He  delivered  a course  of  lectures, 
but  there  was  no  sufficient  encouragement  to  continue 
them,  and  he  gradually  withdrew  his  attendance, 
and  after  a few  years  resigned  the  office. 

He  had  been  for  many  years  a ruling  elder  of  the 
Presbyterian  Church,  and  during  his  most  busy  years 
took  an  active  part  in  all  religious  and  benevolent 
associations ; was  one  of  the  original  members  of  the 
American  Bible  Society,  president  of  the  New  Jersey 
Colonization  Society,  and  was  president  of  the  New 
Jersey  Historical  Society  from  its  foundation,  besides 
being  a member  and  a liberal  contributor  to  the  tract 
and  missionary  societies. 

He  was  in  politics  a Federalist,  and  afterwards  a 
Whig  and  Republican,  and  a warm  advocate  of  Mr. 
Clay.  His  anti-slavery  feelings  were  especially  strong, 
and  indeed  radical.  He  was  one  of  the  convention 
that  nominated  Fremont,  although  I believe  his  pref- 
erence was  for  Judge  McLean,  who  in  all  probability 
might  have  been  elected,  but  was  not  radical  enough 


372 


REMINISCENCES  OF  NEW  JERSEY. 


for  those  who  controlled  the  movement.  He  was  nom- 
inated and  chosen  one  of  the  presidential  electors  in 
1820,  and  president  of  the  electoral  college  of  New 
Jersey  who  gave  their  votes  for  Lincoln  and  Hamlin. 

In  private  life  Mr.  Hornblower  was  an  interesting 
companion,  and  was  very  fond  of  society,  disliking 
to  be  alone.  For  a time  I boarded  in  the  same  house 
with  him  at  Trenton,  and  occasionally  we  occupied 
the  same  room  at  night.  He  was  open  and  free  in 
his  communications,  often  going  into  details  in  regard 
to  his  feelings,  which  most  men  scrupulously  hide. 
He  was  not  without  defects ; but  I believe  he  was  an 
humble,  sincere,  and  devoted  Christian.  He  was  a 
thoroughly  honest  and  truthful  man.  He  had  noth- 
ing to  conceal ; no  one  could  associate  much  with 
him  without  becoming  acquainted  with  his  inmost 
thoughts  and  feelings.  He  had  the  misfortune  to 
lose  the  wife  of  his  youth  after  she  had  borne  him  a 
large  family  of  children,  most  of  whom  survived  him. 
After  her  death  he  loved  to  dwell  on  her  virtues  and 
the  happiness  he  had  enjoyed  with  her,  and  more 
than  once  I heard  him  detail  the  melancholy  scenes 
of  her  death.  At  a subsequent  period  he  married  a 
daughter  of  Colonel  John  Kinney,  of  Morris  County, 
with  whom  he  lived  most  happily,  and  who  soothed 
his  declining  ^ears  with  the  most  tender  attention. 
He  died  in  1864,  having  passed  the  eighty-seventh 
year  of  his  age. 

William  L.  Dayton  was  a justice  of  the  supreme 
court  from  1838  to  1841.  He  was  born  near  Basking- 
ridge  in  the  County  of  Somerset,  in  the  year  1807, 
and  was  the  son  of  Joel  Dayton,  who  was  the  grand- 
son of  Jonathan  Dayton,  a descendant  of  Kalph 


WILLIAM  L.  DAYTON. 


873 


Dayton,  who  came  from  England  to  Long  Island 
about  the  year  1650.  Jonathan  Dayton  settled  at 
Elizabethtown  about  the  year  1720,  and  was  the 
founder  of  a family  of  much  distinction  in  the  State, 
his  son  Elias  Dayton  being  a general  during  the  War 
of  the  Revolution,  and  the  son  of  General  Dayton, 
Jonathan  Dayton,  was  a member  of  the  convention 
which  formed  the  Constitution  of  the  United  States, 
speaker  of  the  house  of  representatives  under  that 
constitution,  and  a member  of  the  senate.  William 
L.  Dayton’s  mother  was  a granddaughter  of  Edward 
Lewis,  a commissary  of  the  American  army  during 
the  Revolution. 

Judge  Dayton  had  his  preparatory  education  in 
the  classical  academy,  so  long  famous,  at  Baskin  grid  ge, 
then  taught  by  Rev.  Dr.  Brownlee,  a worthy  suc- 
cessor of  Dr.  Finley.  He  then  entered  the  college 
at  Princeton,  and  graduated  in  1825,  and  was  among 
those  who,  rather  slow  in  acquiring  knowledge  and 
in  maturing  their  powers,  are  apt  in  the  end  to  shoot 
ahead  of  those  more  precocious  youths  who  fall 
short  of  the  distinction  their  school  days  had  seemed 
to  promise.  His  person  at  this  time  was  unusually 
slender,  and  his  health  feeble ; nor  did  he  in  after 
life  ever  acquire  robust  health,  although  his  person 
became  well  proportioned,  and  his  general  appearance 
dignified  and  prepossessing. 

He  studied  law  at  Somerville  with  Peter  D.  Vroom, 
afterwards  governor  of  the  State  ; and  although  they 
afterwards  occupied  prominent  situations,  on  different 
sides,  in  the  antagonistic  parties  that  contested  the 
rule  of  the  State,  the  friendship  formed  between  the 
preceptor  and  the  pupil  was  never  interrupted. 

Mr.  Dayton  was  licensed  as  an  attorney  in  1830, 


374 


REMINISCENCES  OF  NEW  JERSEY. 


and  as  a counselor  in  1833.  He  then  selected  Free- 
hold in  the  County  of  Monmouth  as  his  place  of 
business,  and  continued  to  reside  there  until  after  he 
was  made  a judge.  He  very  soon  won  a place  among 
those  first  in  the  profession.  During  all  his  life, 
however,  a remark  in  his  address  before  the  college 
societies  delivered  in  1843,  might  be  applied  to  him- 
self. Urging  upon  young  men  the  importance  of 
self-reliance,  he  said:  “And  permit  me,  in  the  first 
place,  to  refer  to  a principle  of  our  nature  antago- 
nistical  to  the  exercise  and  development  of  this  fac- 
ulty. I mean  the  vis  inertice , of  the  animal,  as  op- 
posed to  the  intellect  of  the  man.  It  is  more  pervad- 
ing and  controlling  in  its  effects  than  the  vanity  of 
our  nature  will  admit.” 

He  was  not,  properly  speaking,  an  indolent  man ; 
his  acquirements  in  after  life  forbid  any  such  sup- 
position ; but  it  always  required  a great  exertion 
to  bring  the  powers  of  his  mind  into  full  exercise. 
Called  to  argue  a cause  with  a competent  associate, 
he  would  sometimes  so  entirely  rely  on  him  as 
greatly  to  disappoint  his  friends.  But  put  him  under 
the  whip  and  spur  of  necessity,  and  he  would  prove 
himself  possessed  of  a clear  and  logical  mind,  and  to 
be  full  of  resources,  equal  to  the  successful  manage- 
ment of  the  most  difficult  case.  His  cautious  modera- 
tion and  good  sense,  always  manifest ; his  pure  morals 
and  correct  deportment,  and  his  unswerving  integrity, 
gave  him  great  weight  of  character  and  correspond- 
ing influence. 

Pretty  soon  after  he  commenced  business  as  an 
advocate,  one  of  those  fortunate  opportunities  oc- 
curred, which,  when  well  improved,  often  serve  to  in- 
troduce a capable  lawyer  to  the  notice  of  the  public. 


WILLIAM  L.  DAYTON. 


375 


It  happened  that  he  was  retained  to  defend  a well 
known  citizen,  indicted  for  an  assault  and  battery, 
whose  expected  trial  before  the  court  of  oyer  and  ter- 
miner, over  which  Mr.  Justice  Ryerson  presided,  ex- 
cited much  attention,  the  prosecution  being  conducted 
by  Mr.  Attorney-general  White.  Mr.  Dayton,  discov- 
ering that  the  grand  jury  had  not  been  duly  sum- 
moned and  returned,  moved  to  quash  the  indictment, 
and  after  a short  argument  succeeded,  the  result  be- 
ing that  all  the  indictments  returned  during  the  term 
were  declared  illegal. 

“ All  this  was  followed,”  remarks  a gentleman  who 
was  present  and  communicates  the  incident,  u by  a 
buzz  through  the  then  little  village  of  Freehold. 

o o 

Young  Dayton’s  name  was  upon  everybody’s  tongue. 
You  could  hear  the  exclamations : 4 What ! all  the 
indictments  quashed  ? No  criminal  business  this 
term?  That  Dayton  is  sharp;  he  knows  more  than 
we  thought;’  with  sundry  similar  expressions  of  com- 
mendation. From  that  day  Mr.  Dayton  had  no  lack 
of  clients ; he  soon  became  the  leading  lawyer  of  the 
place,  and  prospered  rapidly.” 

After  only  a few  years’  practice  as  a lawyer,  he  was 
brought  into  public  life  by  the  whig  party,  to  which 
he  belonged.  The  electoral  vote  of  the  State  was 
carried  for  Harrison  and  Granger,  against  Van  Buren, 
in  1836 ; but  not  the  legislature.  But  in  1837  the 
Whigs  succeeded  in  electing  a majority  of  the  legis- 
lature. 

Mr.  Dayton  was  put  at  the  head  of  the  ticket  in 
the  County  of  Monmouth,  generally  a stronghold  of 
the  democracy,  and  all  obtaining  a majority,  he  thus 
became  a member  of  the  legislative  council,  elected 
for  one  year.  He  was  placed  at  the  head  of  the 


376 


REMINISCENCES  OF  NEW  JERSEY. 


judiciary  committee,  and  became  a leading  member 
of  the  legislature.  The  bar  had  for  years  favored 
such  a change  of  the  judiciary  as  would  supersede 
the  old  county  courts ; but  acts  introduced  for  this 
purpose  had  several  times  failed.  This  year  the  meas- 
ure was  recommended  by  Governor  Pennington,  and 
a law  was  passed  creating  two  new  judges  and  con- 
stituting the  circuit  courts,  held  by  a justice  of  the 
supreme  court  alone,  courts  of  original  jurisdiction. 
This  law  was  not  originally  drawn  by  Mr.  Dayton, 
but  it  underwent  his  revision,  and  was  advocated  by 
him. 

At  the  adjourned  session  of  the  legislature,  held 
in  February,  1838,  John  Moore  White  and  William 
Lewis  Dayton  were  elected  the  new  judges,  one  of 
them  from  among  the  old  and  the  other  from  the 
young  members  of  the  bar,  Mr.  Dayton  having  been 
a counselor  not  quite  five  years.  Young  as  he  was, 
his  qualifications  for  the  office  were  not  disputed, 
although  I think  it  may  be  said  of  him  as  of  Mr. 
Southard,  that  his  true  place  was  not  on  the  bench. 
Highly  respectable  in  that  position,  he  was  perhaps 
better  fitted  for  the  business  of  legislation  and 
diplomacy. 

The  opinions  of  Judge  Dayton,  recorded  in  Harri- 
son’s Keports,  show  him  to  have  been  an  able  judge ; 
and  his  dignified  and  popular  manners  made  him 
always  acceptable  to  the  bar  and  to  the  public. 
Perhaps  as  good  an  example  of  his  sound  and  dis- 
criminating judgment,  and  of  his  faculty  to  express 
his  opinions  in  a lucid  style,  will  be  found  in  the  case 
of  Freeholders  vs.  Strader,  3 Harr.  110,  where  he  es- 
tablished the  principle,  ever  since  adhered  to,  that 
public  officers  charged  with  a duty  to  the  public,  like 


WILLIAM  L.  DAYTON. 


. 377 


the  board  of  chosen  freeholders  in  the  erection  and 
repair  of  bridges,  are  not  liable  to  an  action  by  an 
individual  for  an  injury  arising  from  a breach  or  a 
neglect  of  that  duty. 

He  had  however  occupied  a position  on  the  bench 
but  a short  time  before  he  found  that  the  emoluments 
of  the  office,  then  not  reaching  beyond  two  thousand 
dollars,  were  too  small  to  defray  comfortably  the 
expense  of  an  increasing  family  at  his  new  residence 
in  Trenton;  and  it  was  reasonably  certain  that  his 
gains  at  the  bar  would  be  much  greater.  He  there- 
fore resigned  the  place  at  the  spring  session  of  1841, 
and  entered  again  upon  the  practice  of  his  profession. 

But  the  death  of  Mr.  Southard  the  next  year, 
opened  for  him  a new  career  as  a senator  of  the  United 
States,  to  which  place  he  was  appointed  by  the  gov- 
ernor in  July,  1842,  and  he  was  chosen  by  the  legisla- 
ture in  October  to  fill  the  remaining  term,  of  about 
two  years  and  a half.  And  he  was  again  elected  in 
1845  for  a full  term,  so  that  he  was  a member  of  the 
senate  nearly  nine  years.  When  he  entered  the  sen- 
ate, Tyler  was  the  President,  and  had  soon  shown  how 
entirely  he  differed  from  the  party  that  had  elected 
him  in  regard  to  at  least  two  important  subjects, 
namely,  the  tariff  and  the  bank,  both  deemed  by  the 
Whigs  at  that  time  of  the  highest  importance.  He 
voted  for  the  tariff  then  enacted,  afterwards  so  thor- 
oughly changed.  At  the  next  session  he  was  placed 
on  the  judiciary  committee,  of  which  he  remained  a 
member  during  most  of  the  time  he  was  in  the  sen- 
ate. But  he  did  not  make  himself  very  conspicuous 
as  a speaker ; indeed,  it  was  only  when  there  was  a 
strong  pressure  upon  him,  on  account  of  some  special 
interest  he  felt  in  the  question  under  discussion,  that 


378  . 


REMINISCENCES  OF  NEW  JERSEY. 


he  could  be  induced  to  speak  at  all.  After  he  had  been 
a member  more  than  a year,  Mr.  Woodbury,  secretary 
of  the  treasury  under  Jackson,  and  afterwards  one  of 
the  justices  of  the  supreme  court  of  the  United  States, 
who  had  himself  recently  returned  to  the  senate,  and 
with  whom  I was  intimate,  asked  me  why  New  Jersey 
did  not  send  abler  men  to  the  senate.  I replied  that  in 
my  opinion  we  were  represented  then  by  two  of  our 
best  men,  although  they  differed  from  me  and  him  in 
politics.  The  truth  was  that  Mr.  Dayton  was  superior 
to  Woodbury  himself,  who  was  distinguished  for  very 
little  but  great  industry  and  honesty  of  purpose. 

The  first  speech  made  by  Dayton  was  in  February, 
1843,  in  defense  of  the  character  and  credit  of  the 
government,  then  suffering  at  home  and  abroad,  from 
the  failure  of  several  States  to  pay  the  interest  on 
their  debts.  The  subject  of  these  debts  being  before 
the  senate,  he  offered  a resolution,  “ That  the  distrust 
and  obloquy  cast  upon  the  federal  government,  by 
reason  of  the  failure  of  certain  States  to  make  prompt 
payment  of  their  debts,  was  an  unjust  and  unfounded 
imputation  upon  its  credit  and  good  faith;  that  while 
this  government  deplored  the  misguided  policy  of 
those  States,  it  disclaimed  all  liability  for  such  de- 
linquency ; and  in  vindication  of  its  own  unblemished 
faith  and  honor,  it  appealed  with  confidence  to  its 
history.”  One  object  he  had  in  view  seems  to  have 
been  to  discountenance  the  idea  of  the  general  govern- 
ment interfering  in  any  way  with  the  state  debts, 
by  assuming,  even  indirectly,  any  responsibility  in 
regard  to  them ; and  the  other  was,  to  vindicate  the 
faith  and  credit  of  that  government  as  above  suspicion. 

He  said : “ Sir,  there  is  no  government  in  the  world 
whose  credit  outfit  to  stand  higher  than  that  of  these 


WILLIAM  L.  DAYTON. 


379 


United  States.  There  has  none,  not  one,  acted  with 
a faith  more  pure.  Not  a man  of  the  Old  World, 
or  the  New,  has  lost  a dollar  by  its  promises.”  And 
then,  after  enumerating  the  immense  debts  of  the 
European  governments,  he  said  : “ With  these  budgets 
of  iniquity  on  their  backs  (fruits  of  rapine  and  war), 
they  stagger  along  like  the  old  sinner  in  Bunyan’s 
allegory ; reading  homilies  to  us,  doubting  whether 
wre  can  follow.  We,  in  lusty  youth,  carrying  the 
weight  of  a thistle-down,  and  with  an  inheritance 
stretching  from  sea  to  sea  ” 

Many  democratic  politicians  have  advocated  the 
erroneous  doctrine,  that  inasmuch  as  the  state  legis- 
latures are  intrusted  with  the  duty  of  electing  the 
senators,  they  are  entitled  to  consider  them  as  their 
representatives,  and  to  instruct  them  how  to  vote 
upon  any  particular  measure ; and  in  many  cases, 
when  it  was  suppQsed  some  favorite  object  could 
thereby  be  effected,  the  other  party  have  adopted  the 
same  principle.  Early  in  his  service  Mr.  Dayton  re- 
pudiated this  doctrine  in  very  decided  terms,  and 
stated  the  fact  that  when  himself  a member  of  the 
New  Jersey  legislature,  he  had  refused  to  vote  for  re- 
solutions instructing  General  Wall.  He  said  : “If  the 
legislature  of  New  Jersey  go  farther  than  to  advise 
me  of  their  wishes,  — to  communicate  what  they 
believe  to  be  the  sentiments  of  our  common  constitu- 
ents, — they  usurp  a power  which  does  not  belong  to 
them.  Firmly,  and  yet  respectfully,  I shall  repel 
every  attempt  to  encroach  in  this  or  any  other  form 
upon  my  constitutional  rights.” 

Upon  the  tariff  question,  then  as  now  so  seriously 
disputed,  and  upon  which  our  best  and  wisest  states- 
men seem  so  widely  to  differ,  looking  at  it  as  they 


380 


REMINISCENCES  OF  NEW  JERSEY. 


necessarily  do  from  such  different  stand-points,  he 
took  sides  very  decidedly  with  those  who  insist  upon 
a strong  protective  tariff.  This  indeed  is  considered 
by  most  Jersey  men  so  entirely  in  accordance  with 
their  interests,  that  in  the  spring  of  1844,  when  I 
represented  the  first  district,  comprising  South  Jersey, 
although  from  careful  study  fully  convinced  that  it 
is  a great  error,  I felt  constrained  to  move  to  lay  on 
the  table  the  bill  materially  altering  the  whig  tariff 
of  1842,  and  thus  to  defeat  it.  The  result  was,  that 
the  next  Congress  passed  the  act  of  1846,  far  more 
materially  reducing  the  duties  than  had  been  at- 
tempted in  1844. 

Mr.  Dayton  made  several  speeches  during  the 
presidency  of  Tyler  and  Polk,  which  began  to  attract 
attention  to  him  as  a rising  statesman.  He  of  course 
opposed  the  tariff  of  1846,  which  passed  the  senate 
only  by  the  casting  vote  of  Vice-President  Dallas. 
In  this  speech,  he  had  special  reference  to  the  manu- 
facture of  glass,  then  and  now  largely  carried  on  in 
South  Jersey.  A circumstance  occurred  to  myself 
in  this  connection  which  it  may  be  worth  while  to 
mention,  because  I think  it  shows  how  a present  in- 
terest, real  or  supposed,  is  usually  allowed  to  prevail 
over  a prospective  good.  One  of  the  most  intelligent 
and  successful  glass  manufacturers  in  my  district, 
who  resided  in  Philadelphia,  and  was  a very  decided 
Whig  in  politics,  had  told  me  in  conversation,  that 
he  had  carefully  examined  the  whole  subject  in  ref- 
erence to  glass,  and  was  entirely  satisfied  that  the 
duty  imposed  by  the  tariff  of  1842  was  too  high,  and 
that  the  business  would,  on  the  average,  be  more 
prosperous  if  it  was  reduced,  for  which  he  gave  me 
reasons  I thought  entirely  satisfactory.  When  the 


WILLIAM  L.  DAYTON. 


881 


amendment  proposed  in  1844  was  before  Congress 
I wrote  to  him,  requesting  the  views  he  had  com- 
municated to  me  verbally  to  be  put  in  writing.  The 
reply  was  that  although  his  individual  opinion  re- 
mained unchanged,  his  partners  were  of  a different 
opinion,  and  he  therefore  preferred  not  to  interfere. 

Although  he  agreed  with  his  political  friends  in 
thinking  the  administration  of  Polk  had  unneces- 
sarily provoked  the  war  with  Mexico,  he  voted  for 
the  required  supply  of  men  and  money.  The  course 
of  the  executive  in  ordering  the  army  under  General 
Taylor  to  take  a threatening  position,  which  in  some 
quarters  has  been  referred  to  as  precedents  for  the 
recent  course  of  President  Grant  in  reference  to  San 
Domingo,  he  denounced  as  the  “ gross  unconstitu- 
tionality of  his  conduct  in  making  war  upon  Mexico 
without  the  consent  of  Congress,  which  is  by  the 
constitution  the  war-making  power.”  He  also  advo- 
cated the  Wilmot  Proviso,  designed  to  prevent  the 
extension  of  slavery  into  free  territory  and  thus  the 
increase  of  the  number  of  slave  States.  But  he  was 
careful  for  himself  and  his  constituents  to  disclaim 
any  intention  or  desire  to  question  or  impair  the 
rights  of  the  South. 

But  the  policy  and  speech  in  sustaining  it,  which 
attracted  the  most  attention,  and  in  fact  made  him 
afterwards  a political  leader,  was  the  taking  ground 
in  the  secret  session  of  the  senate,  in  opposition  to 
Mr.  Webster  and  most  of  the  old  Whigs,  for  the  rati- 
fication of  the  treaty  with  Mexico,  approved  by  the 
administration.  The  opposition  to  it  arose  princi- 
pally from  the  fact  that  it  included  a cession  of  Mex- 
ican territory,  the  New  England  States  being  always, 
from  the  time  Lousiana  was  purchased  to  this  day, 


382 


REMINISCENCES  OF  NEW  JERSEY. 


opposed  to  any  acquisition  of  new  territory  at  the 
South  or  West. 

Mr.  Webster  took  an  early  opportunity  of  denounc- 
ing the  treaty  in  open  senate.  Mr.  Dayton  took  the 
lead  in  answer  to  him,  and  among  other  pertinent  re- 
marks, said : — 

“ I am,  for  one,  prepared  to  meet  the  responsibility  involved  in 
the  ratification  of  that  treaty ; and  after  the  speech  of  the  distin- 
guished senator  from  Massachusetts,  read  as  it  has  been  in  every 
town,  village,  and  hamlet  of  my  State,  I feel,  as  others  similarly  cir- 
cumstanced must  feel  the  necessity  of  a reply.  I am  here  to  an- 
swer. I here  and  now  declare  to  my  constituents  and  to  the  world, 
as  I understand  I have  a right  to  declare,  my  own  action  upon  that 
subject.  I here  then  declare,  that  in  this  chamber  and  out  of  it,  in 
official  debate  and  by  private  appeal,  in  every  mode,  and  by  every 
legitimate  means  that  I could  bring  to  bear,  I endeavored  to  sus- 
tain and  enforce  the  ratification  of  that  treaty.  And  I say,  further- 
more, if  it  be  of  the  slightest  interest  to  my  constituents  to  know  it, 
that  while  its  fate  was  yet  in  doubt,  I first  broke  ground  in  its  favor, 
on  this  side  of  the  chamber  ; for  all  which  I am  ready  to  meet  the 
responsibility  which  that  position  demands. 

“ 1 will  not  defend  this  treaty  as  a mere  matter  of  bargain.  I care 
not  whether  the  senator  from  Massachusetts  be  right  or  wrong  in  the 
view  which  he  has  taken  of  this  as  a matter  of  bargain.  1 care  not 
whether  New  Mexico  be  near  to  us  or  far  from  us ; I care  not  how 
isolated  may  be  its  position  ; I care  not  though  her  plains  be  barren, 
though  her  hills  be  desolate,  though  every  drop  of  water  which 
trickles  from  her  mountains  be  lost  in  her  sands  ; I care  not  whether 
‘ grass  grows  or  water  runs,’  whether  there  be  there  ‘ beasts  of  the 
field,  or  fowls  of  the  air,  or  any  creeping  thing ; ’ not  any  or  all  of 
these  considerations  have  controlled  my  action  on  this  subject.  In 
some  respects,  indeed,  I do  not  know  but  fewer  evils  will  grow  oui 
of  this  accession  of  territory,  if  it  be  the  miserable  and  worthless 
thing  that  the  senator  has  represented  it,  than  if  it  were  a good  fer- 
tile country,  inviting  speedy  settlement.  But  we  do  at  least  get 
something  by  the  treaty.  The  administration  get  the  ports  of  San 
Francisco  and  San  Diego.  They  are  at  least  of  some  value.  The 
administration  has  surely  the  ‘ fifteen  pence  in  pocket,’  and  for  tak- 
ing this  little  value,  they  are  entitled  to  Falstaff’s  apology  ; ‘ Reason, 


WILLIAM  L.  DAYTON. 


383 


you  rogues,  reason.  Think’st  thou  I’ll  endanger  my  soul  gratis  ! ’ 
But  as  a mere  matter  of  bargain,  something  had  for  something 
paid,  I care  not  though  the  thing  be  as  miserable  and  contemptible 
as  the  senator  describes  it.  The  value  of  the  country  never  seriously 
entered  into  my  consideration  as  an  element  in  the  decision  of  the 
question.” 

After  showing  that  the  treaty  afforded  the  only 
means  of  obtaining  peace,  he  proceeded  to  discuss  the 
policy  of  bringing  more  States  into  the  Union,  es- 
pecially in  reference  to  its  bearing  on  the  success  of  the 
Whigs  as  a party,  and  broke  out  with  the  question  : — 

“ Are  we.  Bourbon  like,  to  forget  nothing,  to  learn  nothing  ? Can 
we  resist  the  conviction  that  what  ‘ Oregon  and  Texas,’  was  in  1844. 
4 California  and  New  Mexico’  will  become  in  1848,  only  doubled, 
quadrupled  in  power  ? 

“ The  senator  could  not  do  otherwise  than  resist.  He  had  in 
times  past  committed  himself  so  far  upon  this  question  against  ter- 
ritory, that  he  was  hardly  at  liberty  to  weigh  alternatives.  But  is 
it  so  with  us  all  ? Is  the  great  whig  party  so  fully,  so  fatally  com- 
mitted upon  this  question  ? Must  we  stand  fast  upon  — 

‘ This  narrow  ledge,  a yawning 
Gulf  below,  a trembling  torrent  from  above. 

Can  we  not  move  ? * 

Are  we  spell-bound.  Could  I believe  that  the  power  to  acquire 
territory  was  yet  an  open  question,  and  that  the  constitution  clearly 
forbade  it,  though  the  heavens  darkened  over  my  head,  and  the  earth 
trembled  beneath  my  feet,  there  would  I stand,  stand  with  the  sen- 
ator, stand  with’the  constitution : 

‘ Shield  it,  save  it,  or  perish  there  too.’ 

“ But  I deny  that  it  is  so.  If  doubt  ever  existed,  the  past  has 
settled  it.  One  half  of  our  country  has  become  our  country,  in 
spite  of  such  doubt.  I feel  that  this  is  a question  to  be  tried  accord- 
ing to  its  effects  and  consequences  ; and  by  my  best  judgment,  aided 
by  the  best  light  that  I can  obtain,  I am  persuaded  that  the  alter- 
native of  the  line  offered  with  present  peace,  is  better  than  war  for 
a year,  with  the  chance  of  peace  at  its  close  and  no  territory.  This 
conviction  I declare,  with  the  utmost  respect  for  the  distinguished 
senator  from  Massachusetts,  and  all  others  who  may  differ  from  me. 


384 


REMINISCENCES  OF  NEW  JERSEY. 


I hold  that  upon  the  issue  which  they  would  make  up,  — no  peace 
unless  without  territory,  — the  whig  party  cannot  survive  the  year. 
It  will  go  down  to  the  grave,  and  all  its  conservative  principles  will 
go  down  to  the  grave  along  with  it ; with  some  ‘ wise  saw  ’ upon 
its  lips,  it  will  die,  doubtless,  ‘ the  death  of  the  righteous,’  ‘ rejoicing 
in  the  hope  of  a glorious  resurrection  ? ’ Its  enemies  yonder  will 
give  it  a kingly  epitaph  : Hie  jacet  ! 

1 1 never  said  a foolish  thing, 

And  never  did  a wise  one.’  ” 

I have  quoted  so  much  of  this  speech,  because  it 
not  only  brought  Mr.  Dayton  before  the  country  in 
a much  more  prominent  position  than  he  before  held, 
but  because  it  was  the  first  indication  of  a new 
change  in  the  political  affinities  of  those  who  had  be- 
fore been  regarded  as  the  leaders  of  the  Whigs.  By 
the  aid  of  General  Taylor’s  great  popularity,  produced 
by  his  victories  and  by  the  admirable  official  reports 
of  them,  written,  as  was  afterwards  understood,  by  his 
son-in-law,  the  whig  party  in  the  ensuing  fall  carried 
the  presidential  election  by  large  majorities.  Mr.  Clay 
as  well  as  Mr.  Webster  were  then  thrown  out  of  po- 
sition, and  greatly  disgusted.  The  cabinet  selected 
by  Taylor,  himself  a slaveholder  and  a Southerner, 
showed  unmistakable  signs  of  opposition  to  the  plans 
of  the  Southerners;  and  had  he  lived  through  the 
term  of  office  for  which  he  had  been  elected,  the  op- 
position, of  which  Mr.  Dayton  was  a part,  would  in 
all  probability  have  increased  in  strength  and  influ- 
ence. But  his  early  death  changed  this  tendency 
and  turned  the  current  the  other  way.  Mr.  Fillmore, 
who  had  been  put  on  the  ticket  with  Taylor  as  a coun- 
terpoise to  his  supposed  pro-slavery  proclivities,  and 
was  indeed  classed  among  the  abolitionists,  sympa- 
thized with  Clay  and  Webster  and  their  supporters, 
and  as  soon  as  he  was  elevated  to  the  presidential 


WILLIAM  L.  DAYTON. 


385 


chair  formed  a new  cabinet,  of  which  Mr.  Webster 
as  secretary  of  state  was  the  head,  all  of  whom  were 
far  more  disposed  to  conciliate  the  South  than  their 
predecessors  had  been,  and  of  whom  I think  no  one 
afterwards  joined  the  republican  party.  Mr.  Clay  re- 
mained in  the  senate,  the  supporter  of  this  admin- 
istration, but  died  early  in  1852,  as  did  also  Mr. 
Webster  later  in  the  same  year.  Mr.  Calhoun  died 
in  1850,  two  or  three  months  before  the  death  of 
Taylor. 

Mr.  Dayton’s  term  expired  in  March,  1851,  and  the 
Democrats  then  having  a majority  in  the  legislature 
of  New  Jersey,  he  was  succeeded  by  Commodore  Rob- 
erts F.  Stockton,  and  resumed  his  profession  as  a 
lawyer.  In  June,  1856,  the  convention  for  the  selec- 
tion of  a presidential  candidate,  which  met  at  Phila- 
delphia, and  assumed  for  its  party  the  name  “ Repub- 
lican,” nominated  John  C.  Fremont  for  president,  re- 
jecting Judge  McLean  as  not  a sufficiently  decided 
abolitionist,  although  it  was  well  known  he  would 
have  had  the  support  of  the  great  body  of  the  Whigs, 
and  would  probably  have  been  elected.  Mr.  Dayton 
was  nominated  by  five  hundred  and  twenty-nine  out 
of  five  hundred  and  sixty  votes,  as  their  candidate  for 
vice-president.  It  is  said,  and  I suppose  truly,  that  he 
had  no  intimation  of  such  a purpose  until  after  the 
nomination  was  made.  He  was  no  doubt  selected  for 
the  same  reasons  that  prevailed  when  Tyler  was  put 
on  the  ticket  with  Harrison,  and  which  afterwards 
induced  the  selection  of  vice-presidents  known  to  en- 
tertain opinions  on  many  important  subjects,  very 
different  from  those  of  the  great  majority  of  the 
party  ; but  agreeing  with  them  in  some  overruling 
question.  Mr.  Dayton  was  no  abolitionist,  but  had 

25 


386 


REMINISCENCES  OF  NEW  JERSEY. 


been  a supporter  of  the  American  colonization  society, 
always  fiercely  assailed  by  the  leading  spirits  of  the 
party  that  nominated  Fremont.  He  had  in  the  senate 
opposed  the  extension  of  slavery  into  the  new  terri- 
tories and  states,  and  the  fugitive  slave  law ; but  for 
himself  and  his  constituents  he  disclaimed  any  inten- 
tion or  desire  to  question  or  impair  the  rights  of  the 
South.  When  his  opposition  to  the  extension  of  sla- 
very was  declared  by  Mr.  Calhoun  to  be  “ an  aggres- 
sive policy,”  he  replied,  “ Aggressive  upon  what  ? 
Sir,  aggression  consists  in  attack ; an  effort  to  change, 
to  violate  an  existing  state  of  things.” 

The  result  was,  that  a large  proportion  of  the 
Whigs,  as  well  in  New  Jersey  as  elsewhere,  refused  to 
unite  with  the  Republicans  in  supporting  Fremont. 
Many  of  Mr.  Dayton’s  warm  friends  belonged  to  this 
party,  and  without  abating  their  attachment  to  him, 
but  declaring  their  willingness  to  support  the  ticket 
if  it  could  be  turned  upside  down,  voted  for  Fillmore, 
nominated  as  the  candidate  of  the  Native  American 
party.  Buchanan  was  elected  President,  and  re- 
ceived the  vote  of  New  Jersey.  Most  of  the  Whigs 
who  voted  for  Fillmore  afterwards  supported  Lincoln, 
and  thus  became  identified  with  the  republican  party ; 
while  a considerable  number  are  now  Democrats. 

In  the  spring  of  1857  Mr.  Dayton  was  nominated 
by  Governor  Newell,  and  confirmed,  attorney-general 
of  the  State,  holding  the  office  four  years,  and  resign- 
ing it  when  appointed  minister  to  France.  This  of- 
fice had  been  recently  put  on  the  more  respectable 
footing  of  a salary,  and  freed  from  the  duty  of  pros- 
ecuting criminals  in  the  counties,  except  when  in 
cases  of  homicide,  and  other  high  crimes,  he  should 
be  requested  to  do  so  by  a justice  of  the  supreme 


WILLIAM  L.  DAYTON. 


387 


court,  and  for  this  service  to  receive  an  extra  com- 
pensation. The  services  of  Mr.  Dayton  as  attorney- 
general  were  highly  appreciated  by  all  who  had  any 
knowledge  of  them.  He  was  especially  distinguished 
in  the  prosecution  of  Donnelly  for  murder,  the  first 
year  of  his  appointment. 

The  murder  of  Albert  S.  Moses  by  James  P.  Don- 
nelly, at  the  “ Sea-view  House,”  a place  of  summer 
resort  on  the  sea-shore,  in  the  County  of  Monmouth, 
on  the  first  day  of  August,  1857,  was  a remarkable 
crime ; and  the  trial,  conviction,  subsequent  proceed- 
ings, and  final  execution  of  the  criminal  were  all  of 
extraordinary  interest.  The  accused  was  a young  man 
of  good  education  and  prepossessing  manners,  who 
was  employed  as  a clerk,  and  who  had  lost  money  by 
playing  cards  with  Moses,  a fellow-clerk,  and  stabbed 
him  in  his  bed  to  get  possession  of  the  money,  which 
had  been  placed  by  Moses  in  his  bed,  between  the 
mattresses.  The  evidence  of  the  criminal's  guilt  was 
entirely  satisfactory,  and  the  trial  before  Justice  Vre- 
denburgh  in  the  court  of  oyer  and  terminer  resulted 
in  a verdict  of  guilty. 

No  pains  or  expense  were  spared  by  the  father  and 
friends  of  Donnelly  to  prevent  his  conviction,  and,  after 
the  verdict  and  judgment  against  him  in  the  oyer,  to 
obtain  a reversal  by  means  of  writs  of  error  to  the  su- 
preme court,  and  from  the  judgment  of  that  court  to 
the  court  of  errors  and  appeals,  and  finally  by  endeav- 
oring to  procure  a pardon,  all  of  which  failed.  The 
case  is  reported  in  2d  Dutcher,  463  and  601.  Gov- 
ernor Pennington,  J.  P.  Bradley,  now  one  of  the  jus- 
tices of  the  supreme  court,  and  Joseph  Warren  Scott 
(his  last  appearance  at  the  bar)  were  retained  for  the 
defense,  and  spared  no  pains  to  succeed.  In  the  course 


388 


REMINISCENCES  OF  NEW  JERSEY. 


of  the  various  proceedings  many  arguments  of  the 
questions  raised,  some  of  which  were  not  only  im- 
portant, but  new,  took  place,  in  all  of  which  the  at- 
torney-general acquitted  himself  entirely  to  the  satis- 
faction of  those  who  heard  him.  His  eloquence  on  the 
trial  before  the  jury  has  always  been  spoken  of  as  in 
the  highest  degree  impressive  and  convincing ; and 
his  arguments  before  the  courts  were  dignified,  able, 
and  successful. 

When  the  party  opposed  to  the  administration  of 
Mr.  Buchanan  had  succeeded  in  electing  a majority  of 
the  members  of  the  legislature  in  the  fall  of  1858> 
and  it  fell  to  them  to  elect  a senator,  it  was  expected 
by  many  that  Mr.  Dayton  would  be  the  man ; but  he 
publicly  declined  the  appointment. 

When  Lincoln  was  nominated  for  the  presidency 
in  1860,  .instead  of  Mr.  Seward,  who  seemed  to  be 
then  the  choice  of  the  more  advanced  Republicans, 
the  greater  part  of  the  Fillmore  men  in  New  Jersey 
joined  in  his  support,  and  Mr.  Dayton  heartily  co- 
operated with  them.  Upon  the  election  of  Lincoln, 
his  friends  thought  him  fairly  entitled  to  a seat  in  his 
cabinet,  and  I have  been  furnished  with  the  particu- 
lars of  an  interview  with  the  President  by  Judge 
Nixon,  one  of  the  parties  to  it,  which  I give  without 
alteration. 

“It  was  well  known  in  Washington  that  President 
Lincoln  entertained  a high  opinion  of  the  character, 
abilities,  and  public  services  of  Mr.  Dayton,  and  that 
if  he  had  been  permitted  to  exercise  his  own  judg- 
ment, he  would  have  given  him  a prominent  position 
in  his  cabinet.  A day  a two  after  the  abrupt  en- 
trance of  the  President  elect  into  Washington,  in  the 
month  of  February,  1861,  the  republican  delegation 


WILLIAM  L.  DAYTON. 


889 


in  Congress  from  New  Jersey  had,  by  appointment,  a 
formal  interview  with  him  at  his  rooms  in  Willard’s 
Hotel,  to  urge  upon  him  a suitable  recognition  of  Mr. 
Dayton  in  the  formation  of  his  cabinet.  Senator  Ten 
Eyck  was  made  the  spokesman  of  the  delegation, 
and  he  opened  the  subject  with  a somewhat  elaborate 
statement  of  the  worth,  talents,  and  party  claims 
of  the  distinguished  Jerseyman.  Mr.  Lincoln’s  reply 
was  prompt  and  characteristically  candid.  ‘It  is  not 
necessary,’  he  said,  ‘ to  speak  to  me  in  praise  of  Mr. 
Dayton  ; I have  known  him  since  we  served  in  the 
different  houses  of  Congress,  at  the  same  time,  and 
there  is  no  public  man  for  whose  character  I have 
a higher  admiration.  When  the  telegraphic  wires 
brought  to  Springfield  the  news  of  my  election,  my 
first  thought  was,  that  I would  have  him  associated 
with  me  in  council,  and  would  make  him  secretary 
of  state.  But  New  York  is  a great  State,  and  Mr. 
Seward  has  many  friends,  and  I was  compelled  by  the 
pressure  upon  me  to  give  up  the  thought.  I then 
desired  to  arrange  for  him  some  other  cabinet  posi- 
tion, commensurate  with  his  abilities ; but  Pennsyl- 
vania— another  great  State,  you  know — was  bound 
to  have  a place  for  Mr.  Cameron,  and  I again  reluc- 
tantly yielded.  I then  said  to  myself,  Mr.  Dayton 
deserves  the  best  place  abroad,  and  I will  send  him 
to  the  court  of  St.  James.  But  New  England  pressed 
her  claims  for  notice,  and  united  upon  Mr.  Adams, 
and  I was  driven  from  that  purpose.  I then  thought 
of  the  French  mission,  and  wondered  if  that  would 
not  suit  him.  I have  put  my  foot  down  now,  and  will 
not  be  moved.  I shall  offer  that  place  to  Mr.  Dayton, 
and  hope  it  will  prove  satisfactory  to  him  and  his 
friends.’ 


390 


REMINISCENCES  OF  NEW  JERSEY. 


“ The  interview  here  ended,  and  although  it  was  gen- 
erally understood  that  the  President  was  surrounded 
by  influences  hostile  to  Mr.  Dayton,  and  jealous  of 
his  recognition  and  advancement,  yet  he  adhered  to 
his  resolution,  and  offered  to  him  the  mission  to 
France,  which,  after  some  hesitation,  he  accepted.” 

Among  those  not  in  favor  of  the  appointment  of 
Mr.  Dayton,  it  was  well  understood,  must  he  reckoned 
Mr.  Seward,  the  secretary  of  state. 

Notwithstanding  his  ignorance  of  the  French  lan- 
guage, which  to  many  seemed  a great  objection,  I 
doubt  if  a better  man  for  the  place  could  have  been 
found  in  the  country.  The  manner  in  which  he  ful- 
filled the  difficult  duty  unexpectedly  devolved  upon 
him,  proved  his  peculiar  fitness  for  it.  Under  ordi- 
nary circumstances,  our  ministers  in  foreign  courts  are 
simply  conveniences  for  such  of  our  citizens  as  travel 
or  reside  abroad,  and  require  only  to  be  polished  gen- 
tlemen, acceptable  to  those  in  power,  and  ready  to 
serve  as  a sort  of  heralds  to  those  who  call  upon 
them,  to  introduce  them,  or  to  aid  them  in  prosecut- 
ing their  business.  But  it  was  far  different  at  a time 
when  it  was  certain  that  our  country  was  about  to 
be  involved  in  a great  civil  war,  in  the  conducting 
of  which  there  was  every  reason  to  believe  those 
who  had  arrayed  themselves  against  the  government 
would  leave  no  means  untried  to  obtain  countenance, 
if  not  direct  aid,  from  the  governments  of  France  and 
England,  believed  to  be  quite  willing  to  see  us  divided. 

Mr.  Dayton  was  not  only  unable  to  speak  French, 
but  he  was  without  the  slightest  experience  of  the 
customary  etiquette  of  an  ambassador,  or  of  the 
habits  of  an  imperial  court.  But  so  far  from  these 
seeming  deficiencies  being  impediments,  there  is  much 


WILLIAM  L.  DAYTON. 


391 


reason  to  believe,  that  by  leaving  his  good  sense, 
straightforward  honesty,  and  ready  tact  untram- 
meled by  devotion  to  mere  forms,  they  were  made 
to  be  aids  rather  than  hindrances  in  the  work  he  had 
to  perform.  One  of  the  first  questions  he  had  to 
decide  upon  his  arrival  in  France  was,  whether  he 
would  accede  to  the  urgent  request  of  one  of  our  old 
diplomatic  agents  abroad,  to  wear  a plain  citizen’s 
dress,  and  reject  the  court  dress,  known  to  be  espe- 
cially desired  by  the  Emperor’s  officers,  if  not  by 
himself;  this  being  a matter  left  to  the  discretion 
of  the  minister.  His  prompt  answer  to  this  request 
was  “ that  he  had  not  come  to  France  to  make  a 
point  with  the  government  about  buttons.”  He  ac- 
cordingly arrayed  himself  in  the  prescribed  costume, 
and,  probably  for  the  first  time  in  his  life,  wore  a 
sword,  and  so  managed  his  deportment  and  his  pres- 
entation address  as  to  make  a most  favorable  im- 
pression on  the  Emperor  and  Empress,  and  the  whole 
court ; although  he  was  accustomed  afterwards  (as 
I learned  from  Mr.  Dudley)  to  amuse  his  friends  by 
a ludicrous  account  of  his  difficulties  in  managing  the 
unaccustomed  weapon,  especially  when  required  to 
retire  from  the  imperial  presence. 

In  one  of  his  dispatches  to  the  secretary  of  state, 
written  about  a year  after  his  mission  commenced,  he 
writes  : “ I feel  much  gratified  with  the  full  satisfaction 
which  you,  in  your  own  behalf  and  in  behalf  of  the 
President,  have  expressed  with  my  conduct  in  this 
mission.  Certainly  if  I have  in  any  respect  failed,  it 
has  not  been  for  want  of  proper  attention  and  care. 
Indeed  I am  not  now  aware  that  anything  could  have 
been  done  here  usefully,  which  has  not  been  done. 
There  is  a certain  class  of  people  who  seem  to 


392 


REMINISCENCES  OF  NEW  JERSEY. 


think  diplomacy  consists  in  mousing  out  and  report- 
ing small  matters,  having  really  no  kind  of  weight 
in  settling  international  relations.  I have  not  troub- 
led you  with  these  things,  and  I am  glad  of  it.” 

Wholly  regardless  of  the  daily  tittle-tattle  of  Paris, 
he  bent  his  efforts  to  induce  the  French  government 
to  withdraw  their  recognition  of  belligerent  rights  in 
the  Southern  Confederacy  or  at  least  to  remain  neu- 
tral. Although  obliged  to  converse  with  M.  Thou- 
venel,  the  minister  of  foreign  affairs,  through  the 
medium  of  an  interpreter,  he  secured  his  good-will 
and  full  confidence.  When  he  was  superseded  by  M. 
Drouin  de  l’Huys,  in  the  fall  of  1862,  he  writes : — 

“ I regret  the  retirement  of  M.  Thouvenel  from  the  foreign  de- 
partment. We  lose  a friend  at  an  important  point.  What  may  be 
the  views  of  Monsieur  Drouin  de  l’Huys,  respecting  our  affairs  I do 
not  know.  He  is  a gentleman  of  the  highest  character,  and  is  univer- 
sally recognized  as  one  of  the  ablest  statesmen  of  France.  I should 
add  that  he  has  served  as  minister  of  France  in  England,  is  well 
known  to  the  statesmen  of  that  country,  and  speaks  the  language 
with  ease  and  fluency.  I have  the  pleasure  of  an  acquaintance  with 
him,  and  have  no  doubt  that  our  personal  relations  will  be  entirely 
agreeable.  His  perfect  knowledge  of  our  language  will,  to  a certain 
extent,  facilitate  our  official  intercourse.” 

Some  extracts  from  a dispatch  to  Mr.  Seward  dated 
March  25,  1862,  will  afford  some  means  of  judging 
what  influences  he  had  to  contend  with.  The  Emperor, 
it  will  be  remembered,  spoke  English. 

“ The  Emperor,  without  application  on  my  part,  by  a note  from 
his  chamberlain,  signified  to  me  that  he  would  receive  me  to-day. 
Of  course  I availed  myself  of  the  opportunity,  and  have  just  re- 
turned from  this  personal  interview.  I was  most  kindly  received, 
and  he  said  at  once  that  he  had  wished  to  have  a talk  with  me  about 
cotton,  and  the  prospect  of  opening  our  ports,  etc.,  etc.  I told  him 
we  honestly  believed  that  if  a proclamation  by  France  and  England, 
withdrawing  belligerent  rights  from  the  insurrectionists,  should  be 
made,  the  insurrection  would  collapse  at  once ; that  it  was  the  moral 


WILLIAM  L.  DAYTON. 


893 


support  only  which  that  concession  had  given  them  that  had  sus- 
tained them  so  far  ; that  they  had  always  looked  to  it  as  a first  step 
towards  their  final  recognition  as  an  independent  power.  If  the 
concession  were  withdrawn,  I believed,  as  an  equivalent,  the  block- 
ade would  be  raised  at  an  early  day.  He  said  the  concession  of 
belligerent  rights  was  made  upon  an  understanding  with  England ; 
that  some  legal  questions  were  involved  in  it  originally,  and  that  he 
would  have  to  speak  to  M.  Thouvenel  about  them.  When  the 
insurrection  broke  out,  and  this  concession  was  made,  he  did  not 
suppose  the  North  would  succeed ; that  it  was  the  general  belief  of 
statesmen  in  Europe  that  the  two  sections  would  never  come  together 
again.  This  belief,  he  intimated,  was  a principal  reason  why  this 
concession  of  belligerent  rights  was  then  granted.” 

In  this  same  conversation,  the  Emperor  stated 
that  petitions  and  memorials  were  being  daily  pre- 
sented to  him  on  the  subject  of  a supply  of  cotton 
for  the  manufacturers,  the  suffering  and  destitution, 
in  certain  parts  of  France  for  want  of  it,  being  con- 
stantly on  the  increase.  It  was  well  known  that  the 
Confederate  government  had  very  large  quantities 
of  this  material  at  its  disposal,  if  the  way  could  only 
be  open  to  procure  it.  Indeed  it  was  currently  re- 
ported and  believed,  that  overtures  were  made  per- 
sonally to  the  Due  de  Persigny,  one  of  Napoleon’s 
ministers,  and  very  influential  with  him,  offering  him 
many  thousand  bales  if  he  could  secure  from  the 
French  government  encouragement  and  aid  for  the 
South.  And  besides  this  desire  for  cotton,  the  en- 
tanglement of  the  Emperor  with  the  Mexican  project 
rendered  him  disposed  to  desire  the  disruption  of 
our  Union,  since  the  success  of  the  North  would 
necessarily  involve  the  necessity  of  recalling  the 
French  troops. 

Paris  was  the  head- quarters  of  the  southern  agents 
and  their  friends.  Slidell  made  it  his  permanent  res- 
idence, and  established  influential  connections  there ; 


394 


REMINISCENCES  OF  NEW  JERSEY. 


Mason  was  a frequent  visitor ; and  the  city  swarmed 
with  Southerners  and  their  families.  Every  effort 
that  ingenuity  and  skill  could  devise,  was  of  course 
made  to  induce  the  government  to  recognize  the  Con- 
federation ; and  when  it  is  understood  that  the  Eng- 
lish government  was  more  than  once  prepared  to  do 
that  if  France  would  concur,  the  constant  demand 
on  the  vigilance  of  the  American  minister  may  be 
understood.  This  vigilance  never  relaxed ; but  it 
showed  itself  only  in  a calm  and  deliberate  use  of 
reason  and  common  sense.  I have  been  informed  by 
one  of  his  family,  that  during  the  whole  time,  although 
he  had  previously  known  Mr.  Slidell,  they  were  never 
face  to  face,  in  private  or  in  public.  If  the  Emperor 
saw  Slidell,  it  was  privately  and  secretly. 

A great  service  which  he  rendered  was  the  pre- 
venting, by  urgent  remonstrances,  of  the  carrying 
into  effect  contracts  entered  into  by  the  Confederates 
with  French  shipbuilders,  to  construct  and  furnish  six 
vessels,  two  of  which  at  least  were  to  be  iron-clad 
rams,  and  the  others  privateers.  This  was  accom- 
plished with  great  difficulty,  but  the  government 
yielded  to  his  demands.  Had  these  vessels  escaped, 
as  did  the  Alabama , not  a vestige  of  our  commerce 
could  have  remained  on  the  sea.  And  when  the  Ala- 
bama entered  the  harbor  of  Cherbourg,  he  immedi- 
ately notified  Captain  Winslow,  in  command  of  the 
Kearsarge , to  cruise  in  the  Channel,  and  by  his  ear- 
nest protests  and  his  influence,  induced  the  French 
government  to  order  the  Alabama  to  leave  as  soon  as 
she  had  made  the  necessary  repairs,  and  had  procured 
coals  and  provisions.  This  order  Captain  Semmes 
found  himself  obliged  to  respect,  and  in  doing  so,  and 
not  to  seek  a fool-hardy  combat,  it  is  believed,  met 


WILLIAM  L.  DAYTON. 


895 


the  destruction  of  his  ship,  which  was  sunk  after  an 
hour’s  fight. 

A letter  kindly  addressed  to  me  by  Thomas  H. 
Dudley,  our  efficient  consul  at  Liverpool,  a life-long 
friend,  who  was  a short  time,  during  Mr.  Dayton’s 
first  year  in  Paris,  the  vice-consul  there,  and  had 
afterwards  the  best  opportunities  of  knowing  the  true 
state  of  affairs,  enables  us  to  appreciate  the  character 
of  Mr.  Dayton,  and  to  understand  the  extent  of  the 
influence  he  was  enabled  to  exert.  He  says : — 

“ I only  saw  him  occasionally.  When  with  him,  he  was  in  the 
habit  of  speaking  very  fully  with  me  about  himself  and  about  pub- 
lic affairs,  and  especially  matters  relating  to  his  own  legation.  I 
always  understood  from  him  that  the  English  government  made  two 
distinct  and  direct  proposals  to  the  French  government  to  recognize 
the  Confederacy.  He  told  me  this  at  the  time,  and  I have  no  doubt 
about  its  being  correct. 

“I  was  informed  by  many  persons,  and  from  different  sources, 
that  the  Emperor  not  merely  entertained  the  highest  respect  and  re- 
gard for  Mr.  Dayton,  but  that  he  was  in  the  habit  of  making  this 
remark  to  those  about  him  whenever  he  was  perplexed  or  in  doubt 
about  what  was  taking  place  : ‘ Go  to  Mr.  Dayton  and  you  will  be 
sure  to  get  the  truth  from  him  ; I can  always  depend  upon  what  he 
tells  me.’ 

“ I am  also  aware  of  the  fact  that  Mr.  Dayton  was  not  only  de- 
pended upon  by  our  representatives  abroad,  but  that  they  were  in  the 
habit  of  advising  with  him  about  all  public  matters.  He  seemed  to 
be  a nucleus  around  whom  they  gathered.  We  certainly  never  had 
a representative  of  our  government  in  Europe  who  conducted  the 
office  with  more  ability  and  dignity,  and  who  commanded  more  re- 
spect and  esteem.” 

Mr.  Dayton  died  quite  suddenly  at  Paris,  from  an 
attack  of  apoplexy,  December  1,  1864 ; before  the 
surrender  of  the  Confederate  armies,  but  not  until  the 
overthrow  of  the  rebellion  had  become  apparent,  and 
after  he  had  brought  to  a satisfactory  termination  all 
the  questions  discussed  between  the  governments  of 


396 


REMINISCENCES  OF  NEW  JERSEY. 


the  United  States  and  France,  and  had  succeeded  in 
preventing  the  Confederate  agents  from  procuring 
vessels  of  war  to  be  built  at  Bordeaux  and  Nantes. 
Funeral  services  were  held  in  the  American  chapel, 
at  which,  besides  the  usual  religious  exercises,  and  a 
sermon  by  the  pastor,  Rev.  Mr.  Sunderland,  Mr.  Big- 
elow, the  American  consul,  and  subsequently  our  min- 
ister to  France,  delivered  a short  address,  expressing 
his  great  regard  for  Mr.  Dayton,  and  his  sorrow  for 
his  death. 

Among  other  very  appropriate  remarks  he  said : — 

“ Measured  by  its  years,  his  life  seems  to  have  been  brought  to  a 
premature  close.  But  measured  by  its  results,  Mr.  Dayton  was  an 
old  man.  At  the  early  age  of  thirty -five,  as  we  have  already  been  told 
by  our  pastor,  and  when  most  men  are  content  to  begin  their  public 
career,  he  was  already  clothed  with  the  highest  legislative  honors  of 
the  Republic.  After  an  almost  uninterrupted  term  of  honorable 
service  of  twenty-two  years,  death  overtook  him  in  the  discharge  of 
what,  under  existing  circumstances,  deserved,  perhaps,  to  be  re- 
garded as  the  most  dignified  political  trust,  save  one,  which  his 
country  could  confer.  Men  have  lived  more  years,  some  have 
achieved  greater  distinctions  ; but  what  man  was  ever  born  with  an 
ambition  so  extravagant  that,  looking  back  from  the  end  of  the 
longest  life  upon  such  results,  would  not  feel  that,  so  far  as  public 
honors  are  a test,  he  had  filled  the  measure  of  his  own,  as  well  as  of 
his  country’s  utmost  expectations  ? ” 

Professor  Laboulaye,  of  the  French  Institute,  fol- 
lowed with  some  equally  striking  remarks  in  French. 
He  said : — 

“ II  sut  maintenir  les  relations  des  deux  pays,  sur  le  meilleur  pied, 
a des  conditions  egales,  c’est  a dire,  egalement  honorables  pour  les 
deux  pays.  C’est  la  un  service  rendu  a la  France,  non  moins  qu’a 
TAm^rique  et  qui  gardera  dans  l’avenir  le  nom  de  M.  Dayton.” 

Edward  W.  Whelpley  was  one  of  the  justices  of 
the  supreme  court  two  years  and  four  months,  and 


EDWARD  W.  WHELPLEY. 


397 


chief  justice  a little  more  than  three  years.  He  was 
born  in  1818,  and  was  the  son  of  Dr.  William  Whelp- 
ley,  of  Morristown,  a physician  of  talent  and  high 
repute,  and  his  mother  was  a Miss  Dodd,  of  a family 
which,  for  several  generations,  were  remarkable  for 
mathematical  taste  and  talent.  His  father  died  when 
he  was  ten  years  old.  After  the  usual  preparatory 
schooling  at  Morristown,  in  a school  at  one  time 
taught  by  his  grandfather,  he  entered  Princeton  Col- 
lege, and  graduated  in  1834,  before  he  had  attained 
the  age  of  seventeen.  Afterwards  he  taught  a school 
about  two  years,  and  then  entered  the  office  of  his 
uncle  Amzi  Dodd,  at  Newark,  completing  his  studies 
with  Amzi  Armstrong.  He  was  licensed  as  an  at- 
torney in  1839,  and  as  a counselor  in  1842.  After 
a short  residence  as  an  attorney  in  Newark,  he  re- 
moved to  Morristown,  where  he  married,  and  resided 
during  his  life,  and  became  a partner  in  business  with 
Jacob  W.  Miller,  who,  having  been  elected  to  the 
senate  of  the  United  States,  soon  left  the  burden  of 
his  business  to  Whelpley.  In  1847  he  was  elected 
a member  of  the  legislature,  and  again  in  1848,  and 
was  this  year  speaker  of  the  Assembly. 

Until  I became  myself  a judge  in  1852,1  knew  but 
little  of  his  standing.  I then  found  him  having  a 
leading  position  as  an  advocate.  His  arguments  at 
the  bar  of  the  supreme  court,  and  in  the  court  of  er- 
rors were  fine  specimens  of  legal  learning  and  acu- 
men ; and  sometimes,  when  on  the  wrong  side,  not  a 
little  perplexing.  In  the  case  of  Den  vs.  Young,  re- 
ported in  3 Zab.  478,  and  4 Zab.  775,  he  persuaded 
five  out  of  the  six  special  judges  of  the  court  of  er- 
rors, neither  of  whom  were  educated  lawyers,  to  re- 
verse the  decision  of  judges  learned  in  the  law,  upon 


398 


REMINISCENCES  OF  NEW  JERSEY. 


a question  involving  the  law  of  real  estate  ; this  being, 
I believe,  the  only  case  which  has  occurred  wherein 
those  judges  have  so  ventured  to  decide,  without  the 
countenance  of  even  a single  legally  educated  judge.  It 
was,  however,  a case  where,  to  a common  mind,  justice 
seemed  to  be  best  administered  by  this  final  decision ; 
and  thus  the  very  object  intended  to  be  obtained  by 
the  constitution  of  a court  with  so  many  judges  with- 
out legal  learning,  namely,  that  the  supposed  real 
equity  should  prevail  against  merely  technical  difficul- 
ties, was  effected.  The  argument  that  prevailed,  how- 
ever, as  will  appear  by  an  examination  of  the  opinions 
delivered,  was  of  itself,  although  unsound,  perfectly 
technical;  and  was  the  best  the  case  admitted.  It 
was  in  fact  drawn  up,  at  the  request  of  the  judge,  in 
conformity  with  the  ascertained  wishes  of  a majority, 
by  the  counsel  himself;  and  fortunately  no  settled 
principles  of  law  were  so  much  interfered  with  as  to 
make  a dangerous  precedent ; which,  I am  afraid,  is 
more  than  can  be  said  for  some  other  decisions  of  the 
same  court,  which  had  the  concurrence  of  one  or  more 
learned  judges. 

I may  take  this  opportunity  of  stating,  in  regard  to 
the  court  of  errors,  unfortunately  as  I think  it  is  con- 
stituted,— for  if  there  were  no  other  objections,  it  is 
too  numerous,  — that  after  an  experience  of  nearly  fif- 
teen years  as  a member  of  it  there  has  been  no  time 
when  there  was  any  reason  to  question  its  entire  in- 
tegrity. It  cannot  be  said  of  any  tribunal  ever  con- 
stituted on  the  earth,  that  the  judges  were  entirely 
free  from  the  bias  of  prepossessions  or  of  party  or 
personal  prejudices ; but  I can  with  truth  say  that  I 
have  never  seen  reason  to  believe  that  any  case  was 
decided  through  any  corrupt  motive.  Merely  party 


EDWARD  W.  WHELPLEY. 


399 


prejudices  have  seldom  been  in  the  least  degree  per- 
ceptible. Chief  Justice  Marshall  did  show  much 
party  feeling  in  the  case  of  Marbury  vs.  Madison, 
and  in  some  other  cases ; and  Chief  J ustice  Taney 
showed  a similar  bias  in  the  Dred  Scott  case ; but  they 
were  both  excellent  men  and  able  judges.  In  regard 
to  the  latter,  I may  state  that  Mr.  Southard,  who  was 
much  prejudiced  against  him  by  his  course  in  ref- 
erence to  the  removal  of  the  deposits  from  the  Bank 
of  the  United  States,  and  who  certainly  was  a very 
competent  judge,  said  to  me  after  he  had  read  his 
opinion  in  the  case  of  Bank  of  Augusta  vs.  Earle,  13 
Pet.  R.  586,  that  he  withdrew  his  objections  to  this 
appointment,  and  was  satisfied  that  he  was  a fit 
successor  of  Marshall.  And  I think  no  fair  minded 
lawyer  can  carefully  read  his  dissenting  opinion  in 
the  case  of  Taylor  vs.  Caryl,  20  How.  R.  600,  without 
perceiving  that  he  was  a most  able  judge,  and  re- 
tained his  faculties,  even  after  he  had  passed  his 
eightieth  year. 

Martin  Ryerson,  who  had  been  appointed  justice 
of  the  supreme  court  in  1865,  was  compelled  by  ill 
health  to  resign  in  1868,  and  Mr.  Whelpley  was  se- 
lected by  Governor  Newell  to  succeed  him.  Up  to 
1855,  the  supreme  court  had  consisted  of  five  jus- 
tices ; but  in  this  year  an  act  was  passed  adding  two 
more,  constituting  seven  judicial  districts,  and  provid- 
ing that  the  justice  assigned  to  a district  should  be  ex 
officio  president  judge  of  the  courts  of  common  pleas, 
general  quarter  sessions  of  the  peace,  and  orphans’ 
courts,  held  in  said  district.  The  understanding  was, 
that  one  Democrat  and  one  Whig  would  be  ap- 
pointed, and  accordingly  Governor  Price  appointed 
Ryerson,  a Democrat,  and  Peter  Vredenburgh,  a Whig, 


400 


REMINISCENCES  OF  NEW  JERSEY. 


both  of  whom  are  still  living,  the  latter  having  held 
the  office  fourteen  years. 

The  great  object  of  this  change  in  the  judiciary 
system  of  the  State  undoubtedly  was,  to  bring  the 
important  business  transacted  in  the  inferior  courts 
under  the  control  of  a judge  well  instructed  in  the 
law.  It  has  been  a most  beneficial  change,  especially 
where  the  justice  of  the  supreme  court  presides,  not 
only  in  the  orphans’  court,  but  in  the  court  hearing 
appeals  from  the  court  for  the  trial  of  small  causes. 

When  Chief  Justice  Green  was  appointed  chan- 
cellor in  1861,  Whelpley  was  appointed  to  succeed 
him;  and  it  may  be  remarked  that  every  chief  jus- 
tice of  the  supreme  court,  since  the  death  of  Kinsey, 
has  been  a graduate  of  Princeton,  except  Hornblower, 
and  all  have  been  Presbyterians,  except  Chief  Justice 
Beasley.  It  cannot  be  said  that  Whelpley  was  in  all 
respects  equal  to  his  predecessor;  but  he  was  an 
able  lawyer,  of  sound  judgment,  and,  had  his  life 
been  spared,  he  bid  fair  to  earn  a high  reputation. 
He  was  thoroughly  grounded  in  the  doctrines  of  the 
common  law,  and  in  the  case  of  Adams  vs.  Ross,  1 
Vroom,  507,  took  great  satisfaction  in  reaffirming  the 
ancient  and  well  established  principle,  th.at  the  word 
heirs  is  essential  in  a f deed,  to  create  an  estate  in  fee 
simple  or  fee  tail,  and  that  no  circumlocution  from 
which  the  intention  to  do  so  might  be  inferred  is 
sufficient,  the  good  and  sufficient  reason  being  to 
avoid  uncertainty,  the  mother  of  contention  and  con- 
fusion, — a departure  from  which  principle  in  the 
construction  of  wills  has  opened  so  wide  a door 
for  constant  dispute  and  uncertainty. 

His  death  occurred  early  in  1864,  after  more  than 
a year’s  decay  and  suffering  under  that  insidious 


GEORGE  H.  BROWN. 


401 


malady  known  as  “ Bright’s  disease.”  The  previous 
death  of  a much  loved  child,  had  deeply  affected 
him,  and  was  apparently  made  the  means  of  reviving 
the  religious  impressions  of  his  youth,  and  of  leading 
him  to  a serious  consideration  of  his  condition  as  a 
sinner,  and  to  an  open  profession  of  his  faith  in  Christ 
as  an  all  sufficient  Saviour. 

He  was  not  only  a well  read  and  able  lawyer,  but 
was  fond  of  general  literature,  and  a genial  and  very 
agreeable  companion ; and  he  died  at  the  early  age 
of  forty-six,  greatly  respected  and  deeply  lamented, 
not  only  by  his  associates  of  the  bench  and  bar,  but 
by  the  community  among  whom  he  had  lived. 

George  H.  Brown  was  a justice  of  the  supreme 
court  about  four  years  and  a half.  He  was  the  son 
of  Rev.  Dr.  Isaac  V.  Brown,  long  at  the  head  of  a 
classical  academy  at  Laurenceville,  and  was  born  in 
the  year  1810.  After  a preparatory  training  in  his 
father’s  school,  he  entered  Princeton  College  and 
graduated  with  honor  in  1828.  He  then  assisted 
his  father  as  a tutor  for  a year  or  two  before  enter- 
ing upon  the  study  of  law. 

His  clerkship  as  a law  student  was  in  the  office 
of  Thomas  A.  Hartwell,  at  Somerville  ; but  his  prin- 
cipal legal  education  was  obtained  at  the  law  school 
of  New  Haven.  He  was  licensed  as  an  attorney  in 
1835,  and  as  a counselor  in  1838.  He  took  up  his 
residence  and  married  in  Somerville,  and  continued 
to  reside  there  until  his  death.  He  soon  had  a very 
good  reputation  as  a lawyer,  and,  for  the  place,  a 
good  business;  laborious  enough,  but  never  very  lu- 
crative. I had  no  personal  intercourse  with  him,  and 

therefore  very  little  knowledge  of  his  capacity,  until 
26 


402 


REMINISCENCES  OF  NEW  JERSEY. 


I sat  on  the  bench.  In  argument  before  the  court, 
he  always  showed  himself  fully  master  of  the  ques- 
tions involved,  and  in  fact  an  able  lawyer. 

He  was  a member  of  the  convention  that  framed 
the  new  constitution  in  1844,  and  took  an  active  part 
in  the  discussions  that  took  place  in  that  body.  Upon 
the  adoption  of  that  instrument,  he  was  elected  the 
first  senator  from  the  County  of  Somerset,  as  a Whig, 
although  the  county  usually  gave  a majority  the 
other  way.  In  1850  he  was  elected  a member  of  Con- 
gress; but  at  the  election  in  1852,  the  district  having 
been  in  the  mean  time  changed,  he  was  defeated. 

When  Whelpley  was  appointed  chief  justice,  in 
1861,  he  was  nominated  by  Governor  Olden  a justice 
of  the  supreme  court  in  his  place,  and  confirmed  by 
the  senate.  He. made  a very  satisfactory  judge,  and 
was  a very  agreeable  associate.  But  disease  soon  in- 
terfered very  seriously  with  the  performance  of  his 
judicial  duties,  insomuch  that  he  would  have  resigned 
much  sooner  than  he  did,  had  not  his  friends,  espe- 
cially those  on  the  bench  with  him,  urged  him  to  con- 
tinue so  long  as  there  was  any  reasonable  hope  of 
recovery.  But  an  insidious  internal  affection  of  some 
of  his  organs  baffled  all  the  efforts  of  medical  skill, 
and  terminated  his  life  in  1865. 

His  protracted  illness,  with  the  blessing  of  God, 
was  made  the  means  of  leading  him  back  to  the  early 
lessons  of  pious  parents,  so  that  some  time  before  his 
death  he  gave  good  evidence  of  true  penitence  and 
faith  in  Christ. 


CHAPTER  XIV. 


LAWYERS  I HAVE  KNOWN. 

SAMUEL  LEAKE.  JAMES  GILES.  RICHARD  STOCKTON.  LUCIUS  H. 

STOCKTON.  GEORGE  WOOD.  GARRET  D.  WALL.  WILLIAM  W. 

MILLER.  JACOB  W.  MILLER. 

SEVERAL  of  the  men  eminent  in  the  profession, 
^ at  the  commencement  of  the  present  century, 
had  died  or  retired  from  active  business  before  I was 
myself  called  to  the  bar.  Among  these  were  Thomas 
P.  Johnson,  Andrew  Hunter,  Aaron  D.  Woodruff, 
and  Samuel  Leake.  I have  more  than  once  heard 
Judge  Washington  say  that  the  bar  of  New  Jersey 
was  not  excelled  in  eloquence  or  learning  by  any  in 
the  Union.  This  was  high  praise,  coming  from  so 
competent  a judge,  and  one  who  took  such  pride  in 
those  of  the  profession,  from  the  bar  of  Philadelphia, 
who  attended  the  supreme  court  at  Washington,  as 
to  say  of  them  familiarly,  when  they  entered  the 
court,  as  a stage  load  of  them  in  company  sometimes 
did,  “ This  is  my  bar.” 

Samuel  Leake  was  still  living  when  I was  admitted 
to  the  bar,  and  sometimes  appeared  in  the  supreme 
court,  although  he  had  retired  from  active  business. 
He  was  born  in  Cumberland  County  in  1748,  and 
graduated  at  Princeton  in  1774,  having  previously 
taught  a school  at  Newcastle.  He  was  licensed  as  an 
attorney  in  1776,  and  afterwards  was  a counselor 


404 


REMINISCENCES  OF  NEW  JERSEY. 


and  sergeant.  He  settled  first  at  Salem,  but  removed 
to  Trenton  in  1785,  where  he  resided  until  his  death 
in  1820. 

He  had  during  several  years  a very  large  practice, 
was  a strictly  honest  lawyer,  and  an  earnest,  sincere 
Christian,  belonging  to  the  Presbyterian  Church.  His 
great  simplicity  of  character  and  minute  exactness, 
even  in  the  most  trifling  matters,  made  him  the  sub- 
ject of  many  stories.  Richard  Stockton  spoke  of 
him  as  a learned  lawyer,  but  as  not  possessed  of  much 
real  talent.  It  was  reported  that  upon  one  occasion, 
when  opposed  at  the  bar,  Stockton  referred  to  his  hav- 
ing been  a school-master,  when  he  retorted,  with  his 
high-toned  voice,  “ The  difference  between  the  gentle- 
man and  myself,  I suppose,  is,  that  if  he  had  ever  been 
a school-master,  he  would  be  a school-master  yet.” 

One  of  the  lawyers  first  known  to  me  at  Bridgeton, 
the  place  of  my  life-time  residence,  was  James  Giles. 
He  was  born  in  New  York  in  the  year  1759.  His 
parents  were  from  England,  and  do  not  appear  to 
have  had  any  relatives  in  this  country.  When  he 
was  still  an  infant,  his  father  returned  to  the  mother 
country,  to  be  ordained  as  a minister  of  the  Episco- 
pal Church.  On  his  return,  the  vessel  in  which  he 
came  was  wrecked  in  a violent  snow-storm,  at  the 
entrance  of  Delaware  Bay,  and  he  perished.  His 
body  was  said  to  have  been  buried  in  an  old  grave- 
yard, at  New  England  Town,  in  Cape  May  County, 
now  nearly  or  quite  washed  away  by  the  encroach- 
ment of  the  bay;  but  his  son  was  never  able  to  iden- 
tify the  exact  situation  of  the  grave. 

At  an  early  period  of  the  Revolutionary  War  he 
was  appointed  a lieutenant  in  the  second,  or  New  York 


JAMES  GILES. 


405 


regiment  of  artillery,  and  continued  in  service  until 
1782,  in  which  year  he  became  a student  at  law  with 
Joseph  Bloomfield,  then  resident  at  Trenton.  In 
1780  he  was  attached  to  the  command  of  Lafayette, 
and  served  under  him  in  Virginia,  being  one  of  the 
officers  who  received  from  him  a sword  brought 
from  France,  which  is  now  in  the  possession  of  the 
Historical  Society  of  New  Jersey.  When  his  old 
commander  visited  this  country  in  1824,  this  sword 
was  handsomely  remounted,  and  worn  when  he  was 
received  by  the  Society  of  Cincinnati  of  this  State, 
of  which  Giles  was  a member.  It  was  said  at  the 
time  that  the  general  received  him  with  great  cor- 
diality, and  immediately  recognized  him  and  called 
him  by  name.  He  was  for  several  years  general  of 
the  Cumberland  brigade  of  militia,  and  was  generally 
addressed  as  General  Giles. 

In  1783  he  was  licensed  as  an  attorney,  and  in  due 
time  as  a counselor,  and  in  1804  was  made  a ser- 
geant at  law.  Shortly  after  he  was  licensed  he  mar- 
ried the  sister  of  General  Bloomfield,  and  took  up  his 
residence  in  his  native  city,  and  was  admitted  to  the 
bar  there.  In  the  first  directory  of  that  city,  pub- 
lished in  1786,  in  the  list  of  lawyers,  is  found  the 
name  of  James  Giles,  Esq.,  65  Maiden  Lane. 

In  1788  he  came  with  his  family  to  Bridgeton, 
where  he  resided  during  the  remainder  of  his  life. 
In  the  ensuing  year  he  was  appointed  by  the  legis- 
lature, in  joint  meeting,  clerk  of  the  county ; and 
being  twice  reappointed,  he  held  that  office  fifteen 
years.  Being  at  that  time  entitled  also  to  practice 
law,  he  had  quite  a large,  and,  for  that  day,  lucrative 
business.  In  1793  he  built  for  his  own  occupation  a 
good  house,  which  for  many  years  was,  with  its  or- 


406 


REMINISCENCES  OF  NEW  JERSEY. 


namental  grounds  and  furniture,  the  best  residence 
in  the  place;  and  he  accumulated  the  largest  library, 
both  of  law  and  miscellaneous  books,  in  South  Jersey. 

He  was  a well-read  lawyer  and  safe  counselor; 
but  it  cannot  be  said  that  he  was  distinguished  as  an 
advocate.  He  was  a small  man,  precise  in  his  dress, 
and  remarkably  erect  and  graceful,  but  very  slow  in 
his  movements,  and  in  all  he  did.  At  the  circuits 
he  was  one  of  the  most  genial  and  delightful  com- 
panions.  The  legal  documents  he  drew  were  marked 
by  great  neatness  and  precision.  About  1805  his 
friends  confidently  expected  he  would  be  elected  one 
of  the  justices  of  the  supreme  court,  although  a 
majority  of  the  joint  meeting  was  politically  opposed 
to  him ; but  the  result  was  that  the  law  authorizing 
three  associate  justices  was  repealed. 

I recur  with  mournful  pleasure  to  the  memory  of 
this  gentleman,  because  he  was  kind  and  friendly  to 
me  in  spite  of  old  political  differences  with  my  father, 
with  whom,  however,  for  some  years  after  the  war,  his 
relations  were  such  as  fellow-soldiers  generally  main- 
tain. His  friendly  countenance  and  encouragement 
were  valuable  to  me  when,  a young  practitioner,  I 
first  engaged  in  the  conflicts  of  a profession  some- 
times very  trying  to  a beginner.  He  had  a large 
family  of  children,  most  of  whom  died  young.  James 
G.  Hampton,  educated  for  the  bar,  who  graduated  at 
Princeton  in  1835,  and  represented  the  first  district 
in  Congress  two  terms,  and  who  died  in  1863,  was  a 
grandson.  Now  all  have  passed  away ; not  a single 
individual  of  kin  to  General  Giles,  and  only  remote 
kindred  on  the  side  of  Mrs.  Giles,  remain  in  the  State ; 
and  it  is  scarce  remembered  that  such  a man  ever 
lived.  His  name  will  be  found  a few  times  as  counsel 


I 


JAMES  GILES.  407 

in  the  early  reports ; but  his  business  was  nearly  all 
confined  to  the  counties  of  Cumberland  and  Cape 
May.  A beautiful  daughter,  who  married  a Mr.  Ins- 
keep  of  Philadelphia,  of  the  firm  of  Bradford  & Ins- 
keep,  booksellers,  removed  many  years  ago  to  New 
Orleans,  and  had  several  daughters,  who  inherited 
some  of  their  mother’s  beauty,  whose  descendants 
are  still  living  there,  and  occupy  respectable  posi- 
tions in  society.  General  Giles  died  in  1825.  During 
the  latter  years  of  his  life  he  held  the  situation  of 
president  of  the  Cumberland  Bank. 

This  reminiscence  of  an  old  friend,  who  died  forty- 
five  years  ago,  recalls  the  political  conflicts  of  my  boy- 
hood and  youth.  They  are  still  much  more  violent 
than  they  ought  to  be ; but  they  were  then  much 
more  fierce  and  unreasonable.  When  a small  boy  at 
school,  and  one  of  the  only  two  boys  belonging  to 
republican  families,  I was  obliged  to  fight  more  than 
one  battle  over  a colored  hat,  bought  for  me  without 
reference  to  politics,  but  which  the  federal  boys  who 
wore  the  black  cockade  stigmatized  as  French.  A 
quarrel  having  broken  out,  in  the  recess  of  school,  be- 
tween one  of  General  Giles’s  daughters,  of  my  own 
age,  with  a boy  who  was  her  cousin,  afterwards  a law- 
yer and  long  since  dead,  by  way  of  applying  the  most 
opprobrious  epithet  she  could  think  ofj  she  called  him 
a Democrat.  This  roused  his  anger  so  that  he  struck 
her,  and  as  I was  present  and  aspired  to  be  her  cham- 
pion, a battle  ensued  between  us,  the  victory  in  which, 
like  many  more  serious  conflicts,  was  claimed  by  both 
parties.  When  the  fourth  of  March,  1801,  came,  a 
day  I well  remember,  the  Republicans  had  their  tri- 
umph ; we  sported  a cockade  of  red  and  blue,  and 
mustered  strong  enough  to  drive  off  every  federal 


408 


REMINISCENCES  OF  NEW  JERSEY. 


boy  that  showed  his  face  on  the  ground  where  the 
rejoicing  was  held.  The  conflict  was  continued,  as  is 
well  known,  for  nearly  twenty  years,  when,  disheart- 
ened by  repeated  defeats,  the  Federalists  surrendered 
at  discretion ; and  I look  back  with  much  satisfaction 
to  the  fact  that  I was  glad  to  cooperate  with  them 
in  forgetting  old  disputes  and  inaugurating  that  era 
of  good  feeling  which  prevailed  until  the  success  of 
the  Jackson  party  renewed  the  strife  of  earlier  days. 
During  several  years,  an  old  Federalist  who  aspired 
to  public  office  was  generally  disposed  to  ignore  his 
previous  party  relations. 

An  amusing  incident,  occurring  about  the  year 
1825,  in  the  life  of  that  eminent  lawyer  and  patriot, 
James  L.  Petigru,  of  Charleston,  — 

“ Faithful  found ; 

Among  the  faithless,  faithful  only  he,”  — 

whose  acquaintance  I had  the  pleasure  of  making  a 
few  years  before  his  death,  shows  the  extent  of  the 
feeling.  A man  whom  he  had  offended  lavished  on 
him  all  the  foul  epithets  and  appellations  he  could 
remember  or  invent.  The  assaulted  party  stood  un- 
moved, with  half  a smile  of  amusement  on  his  face. 
At  last  the  bully  bethought  himself  of  a term  of 
reproach,  which,  at  that  day,  comprised  everything 
hateful.  He  called  him  a "damned  Federal.”  The 
words  were  no  sooner  uttered  than  a blow,  altogether 
unexpected  by  the  brawler,  laid  him  in  the  sand. 
Being  asked  why  he  thought  it  a greater  offense  to 
be  called  a Federalist  than  to  be  called  a rogue  or 
rascal,  Petigru  replied,  “I  incur  no  injury  from  being 
abused  as  a rogue,  for  nobody  believes  the  charge ; 
but  I may  be  thought  a Federalist  readily  enough, 
and  be  proscribed  accordingly,  and  so  I knocked 


RICHARD  STOCKTON. 


409 


him  down,  by  way  of  protest  against  all  current  mis- 
constructions.” 

Richard  Stockton  stood  confessedly  at  the  head  of 
the  bar,  during  my  acquaintance  with  him,  from 
1818  until  his  death  in  1828,  when  not  quite  sixty- 
four  years  old.  His  friendship  and  patronage  during 
that  time,  1 regard  as  having  been  of  essential  ser- 
vice to  me,  and  more  valuable  than  that  of  any  other 
member  of  the  bar,  excepting  only  Mr.  Frelinghuysen, 
whose  faithfulness  as  a Christian  greatly  enhanced 
his  other  claims  to  regard ; and  they  were  more 
highly  appreciated,  because  I had  no  claims  upon 
either  of  them  from  family  or  political  connections. 
In  the  providence  of  God,  I was  quite  intimately 
associated  with  them  not  only  as  members  of  the 
bar  they  adorned,  but  as  joint  commissioners  on  the 
part  of  this  State,  for  the  settlement  of  the  dispute 
with  New  York  respecting  the  waters  dividing  the 
two  States.  One  of  the  marked  traits  in  the  character 
of  Mr.  Stockton,  was  the  pleasure  it  evidently  gave 
him  to  assist  young  members  of  the  profession,  by 
all  suitable  advice  and  encouragement.  I found  him 
disposed  to  be  reticent  in  only  one  thing,  and  that  I 
suppose  grew  out  of  his'  professional  habits.  When 
associated  with  me  in  the  trial  or  argument  of  a 
cause,  as  he  was  in  a few  important  cases,  he  would 
gather  what  he  could  from  me,  but  did  not  seem  dis- 
posed to  aid  me  with  suggestions  as  to  the  grounds 
upon  which  the  case  should  be  presented,  but  left  me 
to  prepare  my  own  argument  as  best  I could.  His 
habit  was  to  carefully  study  a case  and  make  a very 
full  brief ; and  he  assigned  as  a reason  for  doing  so, 
that  he  was  often  obliged  to  argue  the  case  a second 

O O 


410 


REMINISCENCES  OF  NEW  JERSEY. 


or  third  time,  on  motions  for  a new  trial  or  in  error, 
and  he  was  by  being  well  prepared  at  the  start  saved 
much  labor.  He  was  a well  read  lawyer,  and  a dili- 
gent student,  fond  of  the  black  letter,  and  would 
sometimes  remark  that  an  authority  read  from  a 
heavy  folio  was  entitled  to  more  weight  than  one 
from  a modern  duodecimo.  But  he  fully  appreciated 
the  service  that  Blackstone  had  done  for  the  profes- 
sion, and  was  for  many  years,  as  I have  heard  him 
say,  in  the  habit  of  reading  the  most  important  parts 
of  his  Commentaries,  especially  the  second  volume, 
once  in  every  year.  And  he  kept  fully  abreast  of 
all  the  changes  in  the  law. 

He  belonged  to  one  of  the  ancient  families  of  the 
State,  who  from  its  early  settlement  were  prominent. 
His  father,  named  also  Richard  Stockton,  was  an  ac- 
complished and  eloquent  lawyer,  one  of  the  justices 
of  the  supreme  court  before  the  Revolution,  and  a 
signer  of  the  Declaration  of  Independence ; and  his 
mother  was  a Boudinot,  an  accomplished  woman  of 
highly  cultivated  mind  and  literary  taste.1  After 
having  graduated  at  Princeton,  before  he  was  sev- 
enteen years  old,  he  studied  law  at  Newark,  with  his 
uncle  Elisha  Boudinot,  afterwards  one  of  the  justices 
of  the  supreme  court.  He  was  licensed  as  an  at- 
torney in  1784,  when  only  about  twenty  years  old, 
afterwards  as  a counselor,  and  in  1792  was  made  a 
sergeant  at  law.  He  took  up  his  residence  on,  the 
paternal  estate  at  Princeton,  where  he  raised  his 
family  and  resided  during  life.  Although  considered 
at  first  rather  dull,  as  his  powers  matured  he  rose 
rapidly  in  his  profession,  and  in  a few  years  ranked 
among  the  highest. 

1 See  Field’s  Provincial  Courts,  190. 


RICHARD  STOCKTON. 


411 


A slight  examination  of  the  supreme  court  re- 
ports will  show  that  from  the  time  they  commence 
until  his  death,  no  lawyer,  except  perhaps  Mr.  Leake, 
wTas  more  generally  employed.  His  manner  of  speak- 
ing was  usually  dignified  and  unimpassioned  ; but  he 
was  capable  of  splendid  declamation  and  the  most 
-crushing  sarcasm  and  scorn,  and  when  provoked  he 
sometimes  indulged  in  them.  He  was,  during  his 
time,  almost  the  only  lawyer  of  the  State  who  argued 
causes  before  the  supreme  court  at  Washington,  and 
these  were  cases  not  originating  in  New  Jersey. 
When  Mr.  Webster  took  occasion  to  speak  of  lawyers 
of  eminent  talents,  in  answer  to  a fling  of  Mr.  Binney, 
in  his  argument  of  the  Girard  will  case,  to  which  I 
listened,  he  enumerated  among  them  Mr.  Stockton,  as 
well  as  Mr.  Jones  of  Washington,  who  had  been  at- 
tacked. He  is  no  exception  to  the  remark  of  Mr. 
Duponceau,  that  “lawyers  leave  nothing  behind  but 
the  echo  of  a name.”  There  are  few  remains  of  his 
learning  or  his  eloquence.  He  was  very  little  in  the 
habit  of  writing  for  the  newspapers  or  otherwise. 
The  argument  in  favor  of  the  New  Jersey  claims  to 
the  waters  of  the  Hudson,  appended  to  the  report  of 
the  commissioners,  published  by  order  of  the  legisla- 
ture in  1828,  is  the  only  document  in  print  from  his 
pen  of  which  I have  any  knowledge.  It  will  be 
found  to  be  a very  able  discussion,  considering  that 
he  had  to  advocate  a very  doubtful  claim  ; but  it  is 
rather  a lawyer’s  brief  than  a carefully  prepared 
essay.  Of  his  eloquent  addresses  to  juries,  which 
were  often  considered  almost  unequaled,  there  are 
no  reports. 

In  1796  he  was  chosen  by  the  joint  meeting  to  a 
vacancy  in  the  senate  of  the  United  States,  and  sat 


412 


REMINISCENCES  OF  NEW  JERSEY. 


in  that  body  until  1799.  Being  a very  decided  Fed- 
eralist of  the  Hamilton  school,  when  that  party  be- 
came the  minority  in  the  State,  as  it  was  during  most 
of  his  life  after  1800,  he  of  course  shared  their  fate 
in  being  excluded  from  official  position.  Upon  the 
declaration  of  war  against  Great  Britain,  when  the 
opposition  obtained  a temporary  majority  in  the  State, 
and  provided  for  the  election  of  members  of  Congress 
by  districts,  he  was  elected  in  January,  1813,  a mem- 
ber of  the  thirteenth  Congress. 

He  took  a leading  part  among  the  able  men  then 
in  the  house  of  representatives,  including  Webster, 
Calhoun,  and  Clay,  the  three  most  distinguished  states- 
men of  the  nation,  although  all  failed  to  reach  its 
highest  position.  One  of  his  speeches,  delivered  Jan- 
uary 14,  1814,  imperfectly  reported  in  the  “ Na- 
tional Intelligencer,”  produced  a strong  impression  in 
the  house,  and  distinguished  him  as  a powerful  orator 
dangerous  to  attack.  It  was  delivered  in  answer  to 
some  remarks,  pointed  especially  at  him,  made  by 
Charles  J.  Ingersoll,  of  Philadelphia,  who  although 
as  a youth  known  and  received  by  Mr.  Stockton  as 
a warm  Federalist,  had  now  taken  the  side  of  the  ad- 
ministration. For  keen  retort  and  powerful  invective, 
this  speech  has  seldom  been  excelled,  and  the  tradi- 
tion is  that  it  completely  humbled  his  assailant,  even 
to  drawing  tears  from  his  eyes.  He  probably  had  not 
intended  to  be  personally  offensive,  but  did  not  make 
sufficient  allowance  for  the  sensitive  pride  of  his  fa- 
ther’s old  friend.  He  promptly  disclaimed  all  inten- 
tion to  be  personally  disrespectful,  avowed  his  own 
change  of  politics,  and  acknowledged  the  private 
worth,  the  high  character,  and  the  professional  emi- 
nence of  the  member  from  New  Jersey,  declaring 


RICHARD  STOCKTON. 


418 


him  to  be,  “in  all  respects,  except  his  politics,  unex- 
ceptionable.” 

Once,  at  the  bar  of  the  supreme  court,  I heard  him 
address  Chief  Justice  Kirkpatrick  in  language  and 
with  a manner  no  one  else  at  the  bar  would  have 
dared  to  imitate.  He  did  not  like  the  chief  justice 
very  much,  partly  because  he  regarded  him  as  a de- 
serter from  the  federal  party,  an  offense  not  easy  for 
him  to  forgive.  We  youngsters  used  to  say  the  chief 
was  afraid  of  him.  When  in  the  case  of  Gibbons  vs. 
Ogden,  reported  in  1 Halsted  R.  300,  the  chief  jus- 
tice read  his  opinion,  in  which  he  stated  he  thought 
the  law  was  with  the  defendant,  but  concluded  by 
saying,  “yet  from  a real  diffidence  in  my  own  judg- 
ment upon  this  question,  especially  when  set  in  oppo- 
sition to  that  of  the  chancellor,  and  from  a full  per- 
suasion that  it  will  be  better  for  both  parties  to  let 
the  judgment  be  entered  for  the  plaintiff  here,  and 
the  case  be  carried  up  by  appeal,  to  a superior  judi- 
catory, to  which  great  constitutional  questions  of  this 
kind  ultimately  belong,  I have  thought  it  best  upon 
the  whole  to  «ay  the  demurrer  to  the  plaintiff’s  dec- 
laration must  be  overruled.”  Mr.  Stockton  immedi- 
ately arose  and  asked  the  court,  with  an  air  not  a 
little  sarcastic,  whether,  as  it  appeared  a majority  of 
that  court  was  in  favor  of  his  client,  he  should  enter 
the  judgment  in  accordance  with  that  opinion,  or  in 
accordance  with  the  opinion  of  the  judge  of  another 
court.  To  this  the  chief  justice  of  course  replied, 
that  he  had  stated  very  plainly  what  judgment  was 
to  be  entered. 

He  was  from  1791  one  of  the  trustees  of  Princeton 
College,  taking  always  a lively  interest  in  the  con- 
cerns of  that  institution.  TJie  honorary  degree  of 


414 


REMINISCENCES  OF  NEW  JERSEY. 


LL.  D.  was  conferred  on  him  by  Rutger’s  and  Union 
colleges,  and  no  doubt  would  have  been  by  his  Alma 
Mater , had  it  not  been  that  the  invariable  usage  of 
the  board  is  to  decline  voting  honorary  distinctions 
to  one  of  their  own  number. 

Mr.  Stockton  was  a large  man,  but  of  the  most  im- 
posing personal  appearance  and  captivating  address. 
Among  the  junior  members  of  the  bar,  he  was  gen- 
erally spoken  of  as  “ the  old  duke.”  No  other  man 
has  come  under  my  observation,  to  whom  such  a title 
could  be  so  appropriately  applied.  He  was  a noble 

man,  in  the  true  sense  of  that  epithet.  While  he  was 
entirely  free  from  any  assumption  of  personal  impor- 
tance, his  whole  deportment  and  demeanor  were  those 
of  a man  of  the  highest  distinction.  Perfectly  affable 
in  his  manners,  and  easy  of  access  to  those  who  en- 
joyed his  friendship,  there  was  something  about  him 
which  led  all  who  approached  him  to  show  him  re- 
spect. And  those  best  acquainted  and  most  intimate 
with  him  respected  him  most. 

When  Judge  Pennington  died  in  1826,  it  was  ex- 
pected by  the  friends  of  Mr.  Stockton,  that  the  situ- 
ation of  judge  of  the  United  States  district  court 
would  be  conferred  on  him.  His  superior  qualifica- 
tions and  willingness  to  accept  it  were  well  known  to 
President  John  Quincy  Adams  and  Mr.  Southard,  then 
in  his  cabinet.  But  other  influences  prevailed.  The 
political  prospects  of  the  administration  were  known 
to  be  rather  doubtful,  and  to  appoint  so  pronounced  a 
Federalist  to  office  was  no  doubt  considered  unadvis- 

able. 

Mr.  Stockton  peremptorily  declined  allowing  his 
friends  to  take  any  steps  to  secure  his  appointment. 
He  said  to  me  and  to  others,  that  although  it  would 


LUCIUS  HORATIO  STOCKTON. 


415 


be  very  agreeable  to  him  to  retire  from  the  toils  of 
the  profession,  and  that  the  moderate  salary  annexed 
to  the  office,  joined  to  his  private  fortune,  would  en- 
able him  to  continue,  the  style  of  living  to  which  he 
had  been  accustomed ; yet  he  would  not  solicit  the 
office ; if  it  was  conferred  on  him,  it  must  be  because 
the  President  and  his  advisers  thought  him  the  fit 
man.  Unfortunately  mere  fitness  for  the  office  was 
not  then,  and  has  seldom  ever  been,  the  principal  rea- 
son for  an  appointment.  I confess  I was  a good  deal 
grieved  that  Mr.  Southard  did  not,  on  this  occasion, 
rise  above  mere  party  expediency.  A letter  to  me 
from  him,  dated  November  26,  1826,  remarks:  “You 
are  all,  I mean  my  friends  in  New  Jersey  whom  inti- 
macy justifies  me  in  looking  to  for  advice,  very  cos- 
tive, as  southern  politicians  say,  about  the  district 
judgeship.  Not  one  word  can  I get  from  those  I ask. 
Now  take  notice,  after  the  decision  is  made,  I hold 
you  all  responsible  for  it,  and  bound  to  justify  it;  you 
have  no  right  to  keep  dark,  and  after  I get  into  diffi- 
culty, abuse  me  for  my  blindness”  He  knew  per- 
fectly well,  however,  what  keeping  dark,  as  he  called 
it,  meant  in  my  case,  and  I suppose  in  others.  No 
other  member  of  the  bar  has  since  held  quite  the 
same  position  as  did  Richard  Stockton.  The  late 
Commodore  Robert  F.  Stockton  was  his  son. 

Lucius  Horatio  Stockton,  known  to  his  associates 
as  Horace  Stockton,  was  a younger  brother  of  Rich- 
ard, and  in  early  life  was  thought  to  be  quite  equal 
if  not  superior  to  him  in  talent.  He  graduated  at 
Princeton  in  1787,  was  licensed  in  1791,  and  died  in 
1835.  But  a disposition  to  eccentricity  was  soon  ex- 
hibited, and  so  increased  as  in  a great  measure  to  de- 


416 


REMINISCENCES  OF  NEW  JERSEY. 


stroy  his  usefulness.  He  resided  in  Trenton,  and  at 
one  time  was  in  good  business,  especially  in  the  south- 
ern counties.  I used  to  hear  in  my  youth  of  a case 
before  the  Cumberland  quarter  sessions,  in  which  he 
was  one  of  the  counsel,  that  was  much  talked  about. 

In  the  year  1793,  and  while  the  yellow  fever  pre- 
vailed in  Philadelphia  so  fatally,  a man  who  was  con- 
fined in  the  jail  at  Bridgeton  for  a small  debt,  sick- 
ened with  the  disease,  to  the  great  alarm  of  the  in- 
habitants. My  uncle,  Jonathan  Elmer,  who  had  been 
a member  of  Congress  during  the  Revolution,  and  one 
of  the  first  senators  under  the  new  Constitution,  and 
who,  although  educated  as  a physician,  was  also  a 
well  read  lawyer,  was  the  presiding  judge  of  the 
county  court,  and  following  the  example  of  the  judges 
at  the  time  of  the  great  plague  in  London,  he  ordered 
the  man  to  be  removed  to  the  house  of  his  mother, 
where  he  died.  The  creditor  sued  the  sheriff  for  an 
escape,  and  obtained  a judgment  against  him  before  a 
justice.  There  was  an  appeal  to  the  sessions.  When 
the  case  came  on  for  trial,  the  first  effort  of  Mr.  Stock- 
ton,  as  counsel  for  the  creditor,  was  to  prevent  Judge 
Elmer  from  remaining  on  the  bench;  but  he  declined 
to  withdraw,  and  in  the  course  of  the  proceedings, 
protracted  into  the  night,  said  something  which  Mr. 
Stockton  deemed  offensive,  so  that  he  demanded  to 
know  whether  he  spoke  as  a man  or  as  a judge. 
To  this  the  judge  replied  that  he  spoke  both  as  a man 
and  as  a judge  ; and  thereupon  Mr.  Stockton  an- 
nounced, with  many  expressions  of  deference  to  the 
court,  that  if  he  would  come  off  from  the  bench  and 
repeat  his  remark  solely  as  a man,  he  would  pull  his 
nose  as  a man.  He  lost  his  cause  for  want  of  proper 
evidence  of  any  valid  judgment  against  the  debtor. 


GEORGE  WOOD. 


417 


Mr.  Stockton  was  a warm  politician,  and  accustomed 
to  write  in  the  newspapers  of  the  day.  Under  the 
administration  of  the  elder  Adams,  he  held  the  office 
of  United  States  attorney  for  this  district ; and  to- 
wards the  close  of  that  administration  was  nominated 
as  secretary  of  war,  but  was  not  confirmed.  When  I 
knew  him  he  had  declined  in  business  and  efficiency. 
A gleam  of  his  old  spirit,  however,  broke  out  upon  one 
occasion  before  Judge  Washington,  who  always  treated 
him  with  great  respect  and  forbearance.  Upon  the 
argument  of  his  cause,  as  had  come  to  be  very  much 
his  practice,  he  cited  case  after  case  in  support  of  the 
most  familiar  principles,  until  at  last  the  judge  re- 
marked to  him  very  pleasantly,  “ Mr.  Stockton,  you 
are  shooting  a dead  duck.”  He  said  nothing  at  the 
time,  but  happening  during  the  same  term  to  have  a 
case  that  involved  a question  of  some  nicety,  he  af- 
fected to  consider  that  point  as  too  plain  to  require 
argument;  and  when  told  by  the  judge  that  he 
wished  to  hear  it  discussed,  he  said,  very  meekly, 
“ 0,  may  it  please  your  honor,  I was  afraid  of  being 
accused  of  shooting  the  dead  duck.” 


George  Wood  was  probably  the  ablest  man  New' 
Jersey  has  produced.  He  was  born  in  Burlington 
County,  graduated  at  Princeton  in-  1808,  studied 
law  with  Richard  Stockton,  and  was  admitted  to  the 
bar  in  1812,  taking  up  his  residence  in  New  Bruns- 
wick. It  was  not  long  before  he  rivaled  his  master, 
to  whom  in  some  respects  he  was  superior.  His  in- 
tellect was  of  the  highest  order,  entitling  him  to  rank 
with  Mr.  Webster.  His  power  of  analogical  reason- 
ing was  very  striking  ; the  most  difficult  subject 
seemed  to  arrange  itself  in  his  mind  in  its  true  pro- 

27 


418 


REMINISCENCES  OF  NEW  JERSEY. 


portions.  He  had  the  faculty  attributed  to  Lord 
Mansfield,  of  so  stating  a question  as  to  make  the 
mere  statement  a sufficient  argument.  He  generally 
spoke  from  mere  short  memoranda  in  pencil,  and 
was  so  accurate  in  the  use  of  language,  that  what  he 
said  would,  when  written  down,  prove  entirely  cor- 
rect. 

After  a few  years’  practice  at  the  bar  of  this  State, 
he  removed  to  New  York,  where  he  took  rank  among 
the  leaders,  and  was  the  equal  if  not  superior  to  the 
best  of  them.  Until  his  death  in  1860,  he  was  en- 
gaged in  the  most  important  causes  not  only  in  New 
York,  but  in  other  States.  He  was  among  the  few 
eminent  lawyers  of  the  country  who  held  no  office. 
Upon  the  death  of  Judge  Thompson  in  1845,  he  was 
strongly  recommended  to  President  Tyler,  to  take 
his  place  on  the  bench  of  the  supreme  court  of  the 
United  States,  and  there  can  be  no  doubt  he  would 
have  adorned  the  station.  His  political  education 
was  as  a Federalist ; but  he  was  not  addicted  to  pol- 
itics, and  never  supported  the  republican  party.  Not 
long  before  his  death,  he  spoke  at  a public  meeting 
in  New  York,  strongly  in  favor  of  maintaining  the 
compromises  of  the  Constitution,  and  thus  obtained 
the  honorable  designation  from  some  of  the  radical 
papers  of  “ Union  saver.” 

In  my  early  practice,  it  was  my  fortune  several 
times  to  encounter  him  at  the  bar,  and  a most  for- 
midable adversary  he  was.  The  last  time  I heard 
him  was  in  the  year  1855,  when  he  appeared  before 
the  New  Jersey  court  of  appeals,  in  the  case  of  Gif- 
ford vs.  Thorn,  reported  in  1 Stock.  708.  I have 
always  thought  his  speech  in  that  case,  upon  the 
whole,  the  ablest  to  which  I ever  listened.  It  com- 


GARRET  DORSET  WALL. 


419 


bined  almost  every  kind  of  eloquence : in  solid  rea- 
soning quite  equal  to  that  of  his  leading  opponent, 
Charles  O’Connor ; in  playful  wit,  in  occasional  ap- 
peals to  the  sympathy  of  the  judges,  and  in  impas- 
sioned declamation,  quite  superior. 

Garret  Dorset  Wall  was  the  fourth  child  of  James 
Wall,  and  was  born  in  the  township  of  Middletown, 
Monmouth  County,  New  Jersey,  in  1783.  The  first 
of  the  family  who  came  over  from  England  was 
Walter  Wall,  who,  after  living  a short  time  in  Mas- 
sachusetts and  in  Long  Island,  settled  in  Monmouth 
County  in  the  year  1657.  James  Wall  was  the  fourth 
in  descent  from  Walter,  and  married  the  daughter 
of  John  Dorset. 

James  Wall  was  an  officer  of  the  militia  during  the 
War  of  the  Revolution,  was  engaged  in  the  Battle 
of  Monmouth,  and  received  the  sword  of  a British  of- 
ficer, whom  he  captured  on  that  occasion.  Upon  his 
death  in  1792,  leaving  a widow  with  six  children  in 
straitened  circumstances,  Garret,  a boy  of  ten  years 
old,  was  sent  to  reside  with  his  uncle,  Dr.  John  G. 
Wall,  at  Woodbridge,  where  he  continued  until  the 
death  of  the  Doctor  in  1 79§.  He  was  there  associ- 
ated with  the  late  Judge  Crane,  who  removed  many 
years  ago  to  Dayton,  Ohio,  and  was  several  years  a 
representative  in  Congress.  He  informed  me,  that 
although  older  than  Garret,  they  were  members  for 
about  two  years  of  the  same  class  in  a good  classical 
school,  where  most  of  the  pupils  were  engaged  in 
the  ordinary  English  course;  but  a small  class,  includ- 
ing Crane  and  Wall,  studied  the  Greek  and  Latin 
languages.  They  were  afterwards  members  of  Con- 
gress at  the  same  time,  and  had  the  pleasure  of  re- 


420 


REMINISCENCES  OF  NEW  JERSEY. 


newing  their  old  friendship,  although  taking  opposite 
sides  in  politics. 

The  scanty  store  of  learning  obtained  at  Wood- 
bridge  was  all  that  Wall’s  circumstances  allowed  him 
to  acquire.  In  the  spring  of  1798,  when  in  his  fif- 
teenth year,  he  commenced  the  study  of  the  law  at 
Trenton,  in  the  office  of  General  Jonathan  Rhea,  then 
clerk  of  the  supreme  court,  one  of  whose  daughters 
he  afterwards  married.  He  is  said  then  to  have  been 
a tall,  awkward  boy,  but  giving  promise  of  great 
cleverness  ; and  he  rapidly  improved  in  his  personal 
appearance  and  manners.  He  became,  indeed,  re- 
markable for  comeliness  and  an  engaging  and  win- 
ning address.  He  studied  pretty  faithfully,  and  prof- 
ited by  his  studies.  He  also  performed  much  of  the 
duties  of  the  clerk’s  office,  deriving  his  principal  sup- 
port from  his  services  there.  By  diligent  attention 
to  the  duties  of  the  office,  and  by  careful  study,  he 
made  himself  perfectly  familiar  with  the  practice  of 
the  court,  and  with  the  original  sources  from  which 
it  was  derived ; so  that  his  authority  on  all  subjects 
connected  with  the  practice  was  afterward  confidently 
appealed  to  and  relied  on  by  the  bar  and  the  bench. 

In  the  year  1804  he  was  licensed  to  be  an  attorney, 
in  1807  as  a counselor,  and  in  1820  was  called  to  be 
a sergeant  at  law.  Soon  after  he  was  first  licensed, 
he  married  and  commenced  practice  in  Trenton.  In 
1812  the  federal  party,  to  which  he  belonged,  having 
obtained  a temporary  ascendancy  in  the  State,  he 
was  elected  by  the  joint  meeting  clerk  of  the  supreme 
court,  an  office  valuable  to  him  from  its  considerable 
income,  and  as  aiding  to  introduce  him  to  business 
in  his  profession.  Upon  the  expiration  of  his  term 
in  1817,  although  the  democratic  party  had  then 


GARRET  DORSET  WALL. 


421 


the  majority,  it  was  well  understood  that  he  would 
have  been  reelected  but  for  the  circumstance  that 
one  of  his  own  party  absolutely  refused  him  his  sup- 
port, on  the  avowed  ground  that  when  the  federal 
party  had  the  majority,  Wall,  with  that  disinterested 
generosity  which  distinguished  him  through  life,  used 
his  influence  with  success  to  retain  in  office  the  dem- 
ocratic treasurer,  who  was  a personal  friend,  and  at 
that  time  held  in  high  esteem. 

During  his  period  of  study,  and  after  he  came  to 
the  bar,  although  not  a systematic  student,  he  was  a 
diligent  reader,  and  fond  of  tracing  legal  principles 
to  their  original  sources.  As  soon  as  his  means  per- 
mitted^ he  collected  a large  and  valuable  law  and  mis- 
cellaneous library,  and  made  a good  use  of  it.  Far 
from  being  satisfied  with  mere  abridgments  and  com- 
pends,  like  everj^  lawyer  who  attains  to  even  mod- 
erate eminence,  he  had  recourse  to  the  original  black 
letter,  and  mastered  the  more  abstruse  as  well  as  the 
more  attractive  portions  of  the  law  as  a science.  He 
was  well  grounded  in  the  doctrines  of  the  common  law 
in  relation  to  real  estate,  and  fully  able  to  unravel  its 
most  intricate  subtleties.  He  read,  also,  and  imbued 
his  mind  with  the  productions  of  the  best  authorities 
in  the  English  language,  and  continued  to  do  so  to 
the  close  of  his  life. 

But  although  his  native  powers  were  of  the  highest 
order,  they  were  never  subjected  to  that  exact  disci- 
pline necessary  to  their  full  exercise,  and  they  devel- 
oped themselves  very  slowly.  He  had  at  first  great 
difficulty  in  expressing  himself,  was  timid  and  dis- 
trustful of  himself,  and  exhibited  through  life  some- 
thing approaching  to  an  impediment  in  his  speech. 
It  was  not  until  deprived  of  office  that  he  took  a high 


422 


REMINISCENCES  OF  NEW  JERSEY. 


place  in  his  profession.  That  place,  however,  he  did 
take,  and  maintained  it  until  diverted  by  other  pur- 
suits. I have  heard  him  say,  that,  give  him  William 
Griffith  and  Richard  Stockton  for  his  associates,  he 
would  not  be  afraid  to  meet  any  three  lawyers  that 
could  be  selected  in  the  United  States ; and  it  was  no 
idle  boast.  It  would  have  been  hard  to  match  three 
such  advocates,  and  harder  still  to  beat  them. 

The  immediate  descendant  of  a revolutionary  sol- 
dier, he  partook  himself  largely  of  the  military  spirit. 
It  was  seen,  so  long  as  he  retained  his  health,  in  his 
erect  carriage,  his  measured  step,  his  glowing  eye,  and 
in  the  very  style  of  his  dress ; and  hence  the  military 
title  of  general,  with  which  we  were  so  long  accus- 
tomed to  greet  him,  and  which  he  derived  from  hold- 
ing for  a time  the  office  of  quartermaster-general  of 
the  State,  was  not,  as  in  many  instances,  a title  to 
which  he  seemed  to  have  no  proper  claim,  but  one 
that  naturally  belonged  to  him,  and  which  came  to 
our  lips  spontaneously,  as  his  rightful  due. 

During  the  War  of  1812,  he  took  command- as  cap- 
tain of  the  Phoenix  Company  of  uniformed  militia, 
which  had  been  first  established  during  the  Revolu- 
tion, in  which  he  bad  for  some  time  held  the  post  of 
lieutenant,  and  with  them  volunteered  a tour  of  ac- 
tive service,  as  a part  of  the  force  detailed  for  the 
protection  of  New  York.  He  earnestly  advised  Colonel 
Ogden  to  accept  the  appointment  of  major-general, 
and  offered  to  resign  his  pffice,  then  yielding  him  a 
large  income  of  which  he  had  much  need,  and  to  take 
whatever  place  might  be  assigned  to  him  in  his  mili- 
tary family. 

It  is  not  easy  to  exhibit  the  proofs  of  genius  and 
capacity  exhibited  by  a lawyer,  while  actively  engaged 


GARRET  DORSET  WALL. 


423 


at  the  bar.  In  the  words  of  Mr.  Duponceau,  himself 
an  example  of  what  he  described,  “ The  life  of  a law- 
yer in  the  full  practice  of  his  profession  offers  very 
little  but  the  dismal  round  of  attendance  upon  courts, 
hard  studies  at  night,  and  in  the  day  fatiguing  exer- 
tions, which,  however  brilliant,  are  confined  to  a nar- 
row theatre,  and  leave  nothing  behind  but  the  echo 
of  a name”  One  of  the  most  important  cases  in 
which  he  was  concerned,  and  which  he  argued  with 
“ great  care  and  ability,”  was  that  of  Arnold  vs.  Mun- 
day,  in  the  first  volume  of  Halsted’s  Beports.  He 
was  on  the  side  that  eventually  failed,  although  sub- 
sequent study  and  reflection  have  satisfied  me  it 
would  have  been  better  had  he  succeeded. 

The  distinguishing  characteristics  of  General  Wall 
as  an  advocate  were  his  quick  sensibility,  an  intuitive 
insight  into  character  and  motives,  and  that  ready 
tact  which  enabled  him  easily  to  recover  from  his 
own  mistakes,  and  promptly  to  take  advantage  of 
those  of  his  adversary.  Although  he  had  often  a hes- 
itating and  confused  manner  of  expressing  himself, 
which  in  his  early  efforts  was  very  discouraging,  and 
which  it  cost  him  the  most  strenuous  efforts  to  over- 
come; yet  he  not  unfrequently  rose  to  the  highest 
eloquence.  He  scorned  everything  like  trick  and  un- 
fairness ; but  it  cannot  be  denied  that  he  often  erred 
in  being  too  willing  to  press  an  accidental  or  even  un- 
fair advantage,  when  on  the  side  of  his  client,  and  to 
confuse  a jury  if  possible  by  the  intricacy  of  his  state- 
ments. 

These  are  errors  to  which  lawyers  are  too  prone. 
But  he  never  adopted  the  extravagant  and  false  doc- 
trine gravely  advanced  by  Lord  Brougham  in  the 
English  house  of  lords,  that  “ to  serve  that  client  by 


424 


REMINISCENCES  OF  NEW  JERSEY. 


all  expedient  means,  to  protect  that  client  at  all 
hazards  and  cost  to  others,  and  amongst  others  to  him- 
self, is  the  highest  and  most  unquestioned  of  his 
duties.” 

No  lawyer,  whatever  examples  to  the  contrary  may 
have  been  set  by  those  high  in  the  profession,  can 
safely  imitate  the  course  pursued  by  Mr.  Phillips,  a 
famous  advocate  for  criminals  in  England,  in  the 
defense  of  the  assassin  Courvoisier  (even  although 
adopted,  as  that  was  said  to  have  been,  by  the  advice 
of  the  judge  who  tried  the  case),  which  exposed  him 
to  such  severe,  and  to  some  extent  to  such  just  re- 
proach. After  the  criminal  had  confessed  to  him  his 
guilt,  he  attacked  and  endeavored  to  discredit  wit- 
nesses he  knew  were  telling  the  truth. 

I was  informed  by  the  late  Judge  Potts,  who  was 
a student  in  General  Wall’s  office,  that  he  was  re- 
markably candid  with  his  clients,  when  they  fairly 
disclosed  their  cases  to  him,  and  if  he  felt  clear  that 
they  were  wrong,  did  not  hesitate  to  tell  them  so  ; 
but  at  the  same  time  he  was  cautious  not  to  decide 
against  them,  saying,  with  some  humor,  that  lawyers 
might  err  as  well  as  judges,  and  that  it  was  hardly  fair 
to  make  a client  pass  through  two  ordeals,  with  two 
chances  to  be  beaten,  — one  by  the  error  of  his  law- 
yer in  prejudging  his  case,  and  the  other  by  the 
error  of  the  court  or  jury  in  not  deciding  it  right- 
fully. When  he  had  undertaken  a case,  he  prepared 
it  with  great  pains,  and  managed  it  with  dexterity, 
being  full  of  resources,  and  ready  at  expedients. 

His  mind  dwelt  very  little  on  the  details  of  his  of- 
fice business ; his  great  fault,  indeed,  was  that  he  had 
not  the  habit  of  steady  application.  He  was  kind  and 
gentlemanly,  never  leaving  his  students  without  shak- 


GARRET  DORSET  WALL. 


425 


ing  hands  with  them.  The  idea  of  distrusting  any 
one  seemed  never  to  enter  his  head.  When  about  to 
leave  home,  he  would  often  say  to  a student,  “ Get 
my  keys,  and  hunt  up  all  the  money  you  can  find  and 
deposit  it  in  bank.”  The  hunt  had  commonly  first  to 
be  made  for  the  keys,  and  then  a longer  hunt  for  the 
money,  which  would  be  found  scattered  in  the  draw- 
ers of  his  secretary  or  table,  wherever  he  had  hap- 
pened to  empty  his  pockets.  He  showed  the  gener- 
osity of  his  nature  by  the  deep  interest  he  took  in 
his  students  after  they  left  him,  always  using  his  in- 
fluence in  their  favor  when  he  could. 

He  was  distinguished  for  his  hospitality,  carrying 
this  virtue  often  to  the  extreme  limits,  and  even  be- 
yond the  bounds  of  prudence.  His  clients  and  his 
neighbors  ran  to  him  for  all  sorts  of  counsel,  and  at 
all  times,  convenient  or  inconvenient.  For  the  ad- 
vice thus  sought,  and  always  freely  given,  he  seldom 
made  any  charge.  But  few  lawyers  ever  did  so  much 
business  without  being  adequately  paid,  and  I may 
add  but  few  ought  to.  If  anybody  got  into  trouble, 
the  first  man  he  would  think  of  applying  to  for  relief 
would  be  General  Wall ; and  rarely  did  any  one  apply 
without  getting  what  he  asked  for,  if  it  was  in  his 
power  to  give  it,  and  often  when  it  was  much  to  his 
injury.  Faithful  and  self-sacrificing  as  a friend,  he 
was  placable  as  an  enemy;  and  although  sometimes 
violent  in  his  resentments,  he  was  always  easily  paci- 
fied, and  had  no  memory  for  injuries. 

The  early  training  of  General  Wall  was  as  a Feder- 
alist, and,  like  many  of  those  with  whom  he  asso- 
ciated, he  was  far  from  moderation  in  his  opposition  to 
the  Republicans.  But  in  process  of  time  he  changed 
his  political  relations  and  his  views  of  men  and  meas- 


426 


REMINISCENCES  OF  NEW  JERSEY. 


ures.  His  own  language,  in  a speech  made  in  the 
senate,  was:  “My  colleague  (Mr.  Southard)  with 
some  scorn  speaks  of  modern  democracy,  and  says 
that  he  went  to  bed  one  night  a Democrat,  and  rose 
the  next  morning  a Federalist.  Sir,  if  such  a sudden 
metamorphose  took  place,  his  democracy  must  have 
been  composed  of  6 such  stuff  as  dreams  are  made 
of ; like  shadows  it  came,  and  like  shadows  it  de- 
parted.’ My  democracy,  however  modern  it  may  be, 
neither  came  so  suddenly,  nor  will  it,  I hope,  be  so 
evanescent.  I admit  that  my  democracy  is  a plant 
of  slow  growth ; it  neither  came  up  in  a night,  nor 
will  it  be  found  withered  in  the  morning.  It  resulted 
from  reflection,  experience,  and  the  conquest  over 
error  and  prejudice ; and  I hope  that,  like  all  plants 
of  slow  growth,  it  will  be  the  more  enduring.  I have 
no  pretension  to  that  unctuous  democracy  which 
arises  from  hereditary  descent.  I cannot  boast  that 
‘ I was  born  in  the  purple.’  Hereditary  democracy 
savors  rather  of  aristocracy,  and,  like  hereditary 
property,  is  apt  to  be  dissipated.” 

In  the  year  1822  he  was  elected  a member  of  the 
Assembly  from  the  County  of  Hunterdon,  running  on 
a union  ticket,  and  was  the  only  one  of  that  ticket 
who  succeeded.  I met  him  there  as  a fellow-member, 
and  I well  recollect  the  part  he  took  in  our  proceed- 
ings. His  frank  and  amiable  manners  made  him  a 
general  favorite,  while  his  intimate  acquaintance  with 
the  common  law,  the  statutes  of  the  State,  and  the 
practice  of  the  courts,  enabled  him  to  render  essential 
service  in  the  ordinary  business  of  legislation.  Polit- 
ical contests  did  not  disturb  us,  and  no  very  impor- 
tant questions  arose  for  discussion.  Upon  one  occasion, 
however,  he  spoke  with  great  eloquence  and  effect. 


GARRET  DORSET  WALL. 


427 


Divorces  were  at  that  time  granted  by  private  acts, 
often  for  very  insufficient  reasons,  without  anything 
like  a careful  investigation  of  the  alleged  causes,  and 
sometimes  even  without  reasonable  notice  to  the  op- 
posite party.  After  several  such  acts  had  passed 
against  his  vote,  he  was  at  length  aroused  to  such  an 
exposure  of  the  injustice  of  the  proceeding,  and  the 
danger  of  thus  tampering  with  the  dearest  and  most 
sacred  relation  of  life,  as  for  a time  to  arrest  the  prac- 
tice. 

He  was  one  of  the  earliest  supporters  of  General 
Jackson  for  the  presidency.  I remember  that  early 
in  the  fall  of  1824  I heard  him  predict,  greatly  to  my 
surprise,  that  the  electoral  vote  of  the  State  would  be 
given  to  Jackson,  as  it  was ; but  I was  not  then  aware 
of  a fact  which  was  known  to  him,  that  many  of  the 
most  influential  Federalists  in  all  parts  of  the  State 
would  oppose  Mr.  Adams. 

In  1827  he  appeared  before  the  democratic  caucus 
of  Hunterdon  County,  consisting  of  a great  crowd, 
numbering  some  twelve  hundred  persons,  who  voted 
for  the  candidates  by  a regular  ballot.  His  success  in 
obtaining  a nomination,  in  spite  of  the  opposition  of 
the  leaders  of  the  party,  was  the  strongest  proof  of 
his  personal  popularity  and  of  his  powers  as  an  ora- 
tor. It  was  with  difficulty  he  obtained  a hearing,  a 
great  effort  being  made  to  drown  his  voice  and  cry 
him  down.  But  soon  the  clear  tones  of  his  voice  be- 
gan to  ring  through  the  room,  and  within  five  minutes 
he  talked  the  meeting  into  silence.  Judge  Potts,  who 
was  secretary  of  the  meeting,  said  of  his  speech,  “ He 
spoke  for  an  hour;  it  was  the  boldest,  the  most  spirit- 
stirring  and  powerful  popular  address  I ever  heard, 
before  or  since.”  It  used  to  be  said  that  in  the  course 


428 


REMINISCENCES  OF  NEW  JERSEY. 


of  it,  he  literally  took  off  his  coat  and  turned  it  inside 
out,  so  wearing  it  during  the  remainder  of  the  meet- 
ing. He  not  only  obtained  the  nomination  for  mem- 
ber of  Assembly,  but  was  elected  by  the  people. 

From  the  time  of  his  adoption  as  a candidate  of 
the  democratic  party,  he  held  a high  position  in  the 
confidence  and  respect  of  that  party.  His  democracy 
being,  as  he  said,  “ a plant  of  slow  growth/’  was  pro- 
gressive and  enduring.  It  did  not  consist  in  mere 
adherence  to  party  usages  and  party  discipline,  but 
a steady  principle,  leading  him  to  earnest  efforts  “ to 
produce  the  greatest  good  to  the  greatest  number.” 
To  that  portion  of  the  party  to  which  he  was  first  at- 
tached, who  had  no  real  confidence  in  our  republican 
system,  and  who  only  endured  it  as  an  experiment 
they  expected  to  fail,  he  never  belonged.  His  nat- 
ural sympathies  were  with  the  onward  movement  of 
the  popular  cause.  It  was  the  profound  remark  of  a 
great  statesman,  “ that  a young  man  who  was  not  an 
enthusiast  in  matters  of  government  must  possess  low 
and  groveling  principles  of  action ; but  an  old  man, 
who  was  an  enthusiast,  must  have  lived  to  no  pur- 
pose.” The  enthusiasm  of  his  youth  was  abated  by 
age  and  experience;  but  he  never  lost  his  trust  and 
hope  in  the  advance  of  society,  under  free  democratic 
institutions. 

Although  a party  man,  and  ready  enough  to  em- 
bark in  party  measures,  seldom  was  any  one  more 
free  from  party  bitterness.  He  never  allowed  polit- 
ical preferences  to  estrange  him  from  a friend  ; and 
however  high  the  political  ferment  of  the  day,  he 
never  permitted  what  he  conceived  to  be  the  error  of 
a political  opponent  to  harden  his  heart  or  sever  the 
bonds  of  friendship.  He  was  held  in  strong  persona] 


GARRET  DORSET  WALL. 


429 


esteem,  and  was  always  in  habits  of  intimate  social 
intercourse  with  his  political  opponents,  while  living ; 
and  when  he  died,  was  honored  and  mourned  by  all 
who  knew  him. 

In  the  fall  of  1828  he  married  the  second  time,  and 
removed  to  Burlington.  His  party  having  a majority 
in  the  legislature  of  1829,  elected  him  governor,  a 
position  he  declined  accepting.  He  was  however  ap- 
pointed by  Jackson,  without  his  solicitation,  and  in- 
deed desirous  of  leaving  the  incumbent  undisturbed, 
to  the  office  of  district  attorney  of  New  Jersey,  the 
duties  of  which  .he  fulfilled  for  several  years  with  his 
accustomed  ability. 

He  was  elected  United  States  senator  in  the  year 
1834,  and  remained  in  that  office  the  constitutional 
term,  an  active  supporter  of  the  administrations  of 
Jackson  and  Van  Buren.  Several  of  his  speeches  have 
been  published,  and  are  among  the  ablest  of  which 
that  period  of  high  excitement  and  keen  controversy 
gave  birth.  Among  them  was  one  opposing  earnestly 
and  vigorously  a national  bank,  partaking  in  the  hos- 
tility of  his  party  to  that  institution,  “ whose  directory 
seated  in  their  marble  palace  at  Philadelphia,  like  the 
gods  on  Olympus,  would  make  rain  or  sunshine  as  it 
pleased  their  sovereign  will.”  He  opposed  the  bank- 
rupt bill,  passed  at  one  session  and  repealed  the  next, 
as  partial  and  unjust.  One  of  his  speeches  in  reply  to 
Mr.  Crittenden,  and  in  opposition  to  his  proposed  act 
punishing  federal  officers  for  interfering  even  by  per- 
suasion with  voters,  has  not  been  preserved;  but  is 
said  to  have  been  one  of  the  most  brilliant  and  spirited 
of  his  efforts  while  senator.  The  bill  received  but 
five  votes  in  its  favor. 

One  of  the  prominent  traits  in  the  character  of 


430 


REMINISCENCES  OF  NEW  JERSEY. 


General  Wall  was  his  attachment  to  his  native  State. 
No  one  appreciated  more  highly  the  natural  advan- 
tages of  this,  one  of  the  Old  Thirteen  States,  whose 
people  took  so  prominent  and  patriotic  a part  in  the 
struggles  of  our  Revolution,  and  no  one  was  more 
anxious  to  improve  them.  He  never  forgot  that  he 
was  a Jersey  man.  Here  he  was  born,  and  here  he 
spent  his  life  ; here  was  his  home,  and  here  the  friends 
he  loved.  Here  he  commenced  life  a poor  orphan 
boy;  and  here  by  his  own  native  energy,  and  by  that 
self-reliance  which  is  ever  the  surest  element  of  suc- 
cess, he  had  risen  to  honorable  distinction. 

But  because  he  was  a Jersey  man,  he  was  not  less 
an  American ; he  was  in  truth  an  American,  because  he 
was  a Jersey  man.  He  differed  essentially  from  those 
abolitionists  whose  measures  helped  to  produce  a ter- 
rible civil  war,  but  like  most  of  our  public  men  wTho 
have  been  honored  with  the  confidence  of  our  people, 
of  whatever  political  name,  he  deprecated  the  violence 
of  the  South ; and  had  he  lived  to  see  armed  hosts 
madly  engaged  in  hostility  to  the  flag  of  our  Union, 
he  would  without  doubt  have  been  found  among 
those  fighting  to  support  it.  But  the  conflict  ended, 
and  the  Union  restored,  it  is  safe  to  infer  that  he 
would  have  earnestly  opposed  measures  of  “ recon- 
struction ” that  have  produced  doubtful  alterations  of 
the  Constitution,  in  opposition,  as  there  is  too  much 
reason  to  believe,  to  the  real  wishes  of  a majority  of 
our  people. 

Upon  the  expiration  of  his  senatorial  term,  his  po- 
litical friends  were  in  the  minority,  and  he  returned 
to  the  pursuits  of  his  profession.  It  was  not  long  be- 
fore he  was  prostrated  by  disease  of  such  a character 
as  might  have  been  expected,  if  it  did  not  prove  im- 


WILLIAM  W.  MILLER. 


431 


mediately  fatal,  would  so  affect  his  physical  and  his 
mental  energies  as  to  prevent  him  from  attending  to 
business.  It  was  indeed  a striking  proof  of  the  in- 
domitable energy  of  his  character,  that,  upon  his  par- 
tial recovery,  he  engaged  in  some  important  trials, 
and  conducted  them  with  almost  his  wonted  skill  and 
ability. 

He  manifested  a deep  interest  in  the  adoption  of 
the  new  constitution  of  New  Jersey,  and  although  not 
a member  of  the  convention  which  prepared  it,  he 
contributed  materially  to  the  success  of  the  measure. 
He  took  a lively  interest  in  the  promotion  of  learn- 
ing, and  was  an  active  member  of  the  board  of  trus- 
tees of  Burlington  College.  A year  or  two  before  his 
death,  he  accepted  a seat  in  the  court  of  errors  and 
appeals,  and  is  understood  to  have  evinced  much  legal 
discrimination  in  the  decision  of  some  of  the  impor- 
tant questions  which  came  before  that  tribunal.  But 
this  was  only  the  gleam  of  the  setting  sun.  In  the 
month  of  November,  1850,  his  disease  assumed  a fatal 
character,  and  terminated  his  life. 

William  W.  Miller  was  born  in  Hunterdon  County 
in  the  year  1797.  Although  living  in  the  country, 
which  commonly  presents  so  many  more  alluring  pas- 
times for  a boy,  and  having  the  companionship  of  a 
large  family  of  brothers  and  sisters,  yet  his  fondness 
for  and  his  application  to  study  was  so  great,  that  at 
the  age  of  twelve  years  he  was  prepared  to  enter  the 
Freshman  class  at  college.  The  regulations'  of  the 
institution  not  permitting  this,  he  pursued  his  studies 
alone,  and  at  the  age  of  fourteen  entered  the  junior 
class  of  Princeton  College  half  advanced.  Before  he 
was  sixteen  he  graduated,  taking  one  of  the  honors 


432 


REMINISCENCES  OF  NEW  JERSEY. 


of  his  class,  several  members  of  which  were  afterwards 
quite  distinguished  men. 

Owing  to  his  youth,  he  was  advised  not  to  enter 
immediately  upon  his  professional  studies,  but  to  re- 
view the  studies  he  had  gone  over.  For  this  purpose 
he  went  to  Somerville,  and  there  instructed  in  the 
languages  a class  of  young  men  all  older  than  himself. 
Pretty  soon,  however,  he  entered  upon  the  study  of 
the  law  with  Theodore  Frelinghuysen,  and  was  licensed 
as  an  attorney  in  1818,  and  as  a counselor  in  1821. 

He  commenced  practice  as  a lawyer  in  Morristown, 
and  continued  there  five  or  six  years,  then  removing 
with  his  family,  consisting  of  a wife  and  three  children, 
to  Newark.  His  reputation  as  a public  speaker  be- 
gan at  this  time  to  attract  attention,  not  only  in  his 
own  neighborhood,  but  also  in  the  city  of  New  York, 
so  that  frequent  calls  were  made  upon  him  to  address 
public  meetings.  His  speech  in  behalf  of  the  Greeks, 
then  struggling  to  relieve  themselves  from  the  oppres- 
sion of  the  Turks,  made  in  Trinity  Church,  Newark, 
July  13,  1824,  won  for  him  applause  which  rang 
through  the  whole  country,  and  is  still  spoken  of  as 
a masterpiece  of  eloquence. 

In  February,  1825,  he  was  retained  as  counsel  for 
a minister  of  the  Dutch  Church,  who  had  sued  his  son- 
in-law  in  New  York  for  a gross  slander.  The  case 
was  one  which  excited  universal  interest,  and  the  City 
Hall  was  crowded  to  excess.  The  celebrated  Thomas 
Addis  Emmet  was  one  of  the  counsel  of  the  defend- 
ant ; so  that  every  circumstance  was  calculated  to 
enlist  the  sympathy  and  stimulate  the  ambition  of  a 
young  lawyer.  Mr.  Miller  spoke  nearly  three  hours, 
during  which  the  excitement  of  the  crowd  was  in- 
tense, and  when  at  last  he  sank  exhausted  in  a chair. 


WILLIAM  W.  MILLER. 


433 


Emmet  embraced  him,  and  the  defendant  sobbed  so 
loud  as  to  be  heard  all  over  the  house.  The  cause  was 
gained,  but  it  was  the  last  effort  of  the  gifted  orator ; 
that  night  he  had  a hemorrhage  of  the  lungs. 

By  the  advice  of  his  physicians  he  left  home  and 
went  into  the  South  of  France,  and  for  a time  seemed 
better;  but  on  the  24th  of  July,  1825,  he  was  again 
attacked  by  a hemorrhage  at  a hotel  in  Paris,  and 
died  at  the  early  age  of  twenty-eight  years  and  a few 
months.  He  lies  buried  in  the  well-known  cemetery 
of  Pere  la  Chaise,  where  an  iron  railing  marks  the 
spot,  and  which  is  visited  with  melancholy  interest 
by  his  American  friends. 

Upon  the  news  of  his  death,  a meeting  of  the  bench 
and  bar  was  held  in  the  court  room  at  Trenton,  of 
which  Richard  Stockton  was  chairman,  and  Peter  D. 
Yroom  secretary.  Very  complimentary  resolutions 
were  adopted.  Lucius  H.  Stockton,  with  the  readiness 
and  tendency  to  exaggeration  always  displayed,  ex- 
pressed the  feeling  that  animated  those  present  by 
saying : “ I do  not  think  it  possible  that  a greater 
loss  could  have  been  sustained  by  society  at  large,  or 
by  our  own  fraternity,  than  that  which  has  been  this 
day  announced.  We  sincerely  lament  his  premature 
death,  cut  off  in  the  morning  of  a life  which  opened 
with  such  splendid  prospects,  and  gave  so  fair  a prom- 
ise. It  is  not,  sir,  merely  that  he  was  eloquent  in 
debate,  profound  in  erudition,  highly  adorned  with 
the  most  elegant  embellishment  of  classical  science; 
not  that  he  was  a man  great  in  practical  wisdom, 
and  powerful  intellectual  capacity ; it  is  not  merely 
on  account  of  these,  however  important  traits  of  his 
character,  that  we  so  much  mourn  his  loss.  We  are 

more  deeply  and  solemnly  affected  when  we  reflect 
28 


434 


REMINISCENCES  OF  NEW  JERSEY. 


upon  his  amiable  and  affectionate  temper,  the  active 
benevolence  of  his  useful  life,  the  honorable  and  del- 
icate purity  of  his  principles,  and  especially  the  un- 
affected simplicity  and  sincerity  of  that  piety  for 
which,  without  the  least  tincture  of  superstition  or 
sectarian  bigotry,  he  was  so  much  distinguished.” 

Although  so  long  in  his  grave,  Mr.  Miller  was 
younger  than  myself.  I had  only  a slight  acquaint- 
ance and  no  professional  intercourse  with  him;  but  I 
well  remember  his  reputation  for  splendid  oratorical 
powers,  and  his  high  character  as  a Christian  gentle- 
man. His  Greek  speech  was  published,  and  univer- 
sally admired. 

Jacob  W.  Miller  was  a younger  brother  of  William 
W.  Miller,  and  in  early  youth  came  near  to  rival  him 
as  a speaker.  He  was  born  at  Cherry  Valley,  in  Mor- 
ris County,  in  the  year  1800,  and  studied  law  with 
his  brother.  He  was  licensed  as  an  attorney  in  1823, 
as  a counselor  in  1826,  and  in  1837  was  one  of 
those  last  called  to  be  a sergeant  at  law.  He  lived 
and  practiced  his  profession  in  Morristown,  where  for 
many  years  and  in  the  adjoining  counties,  he  was  a 
leading  and  influential  advocate.  He  had  a large 
practice,  insomuch  that  I recollect  when  at  one  time 
a circle  of  lawyers  were  discussing  the  probable  gains 
of  the  prominent  members  of  the  profession,  and 
when  three  thousand  dollars  a year  was  supposed  to 
be  about  the  highest  mark,  he  was  spoken  of  as  prob- 
ably gaining  more  than  any  other  counselor  in  the 
State.  He  was  distinguished  not  only  as  a fervent 
and  impressive  speaker,  but  for  patient  industry, 
faithfulness,  and  tact.  He  was  distinguished  also  for 
that  sound  common  sense,  which  is  above  all  other 


JACOB  W.  MILLER. 


435 


sense,  and  was  by  its  exhibition  in  public  and  private, 
a man  of  great  personal  influence. 

In  1838  he  entered  public  life,  becoming  a member 
of  the  legislative  council  of  this  State.  In  1840,  and 
subsequently  in  1846,  he  was  elected  by  the  Whig 
party,  to  which  he  belonged,  to  the  senate  of  the 
United  States.  That  body  was  then  in  the  zenith  of 
its  distinction.  All  the  great  men  were  there.  He  was 
not  equal  to  several  of  them ; but  the  sterling  quali- 
ties of  his  intellect  and  character  were  not  overshad- 
owed. He  gained  and  retained  the  respect  of  his  as- 
sociates and  of  the  country  at  large. 

In  April,  1850,  I visited  Washington  and  saw  him 
in  the  senate  chamber.  The  compromise  measure  in 
reference  to  the  admission  of  California  into  the  Union 
as  a State,  was  before  that  body.  He  was  favorable 
to  the  immediate  admission  of  the  State,  as  recom- 
mended in  his  message  by  President  Taylor,  and  of 
course  differed  from  the  leader  he  had  been  accus- 
tomed to  follow.  Upon  this  occasion  I saw,  with  no 
little  surprise  and  amazement,  Miller  and  Dayton,  and 
most  of  the  other  Whig  members,  following  the  lead 
of  Mr.  Benton,  the  man  of  all  others  they  had  been  ac- 
customed to  contemn ; while  most  of  the  Democrats 
were  just  as  implicitly  following  the  lead  of  Mr.  Clay. 

I could  not  help  rather  ironically  congratulating 
Mr.  Miller  on  his  very  remarkable  choice  of  a leader, 
about  the  last  man  he  had  ever  expected  to  follow. 
He  replied  with  very  good  humor,  that  it  certainly 
was  a very  unlooked  for  change,  but  circumstances 
had  rendered  it  necessary. 

On  the  next  day  I went  with  him  to  wait  on  the 
President,  and  here  a conversation  occurred  still 
more  curious  than  the  proceedings  in  the  senate 


436 


REMINISCENCES  OF  NEW  JERSEY. 


chamber.  No  other  person  accompanied  us  but  his 
young  son  ; and  we  found  only  one  person  in  the 
reception  room,  who  left  directly  upon  our  entrance. 
I was  introduced  as  the  attorney-general  of  New 
Jersey.  After  a polite  reception  the  President  com- 
menced talking  to  Mr.  Miller  very  rapidly,  and  with 
considerable  excitement  in  reference  to  the  proceed- 
ings in  the  senate,  and  declared  himself  in  favor  of 
admitting  California  without  terms,  and  opposed  to 
Mr.  Clay’s  propositions. 

The  resolutions  introduced  by  Mr.  Clay,  which  he 
hoped  would  make  an  amicable  arrangement  of  the 
whole  slavery  controversy,  were  to  the  effect  that 
California  should  be  admitted  as  a State  without  re- 
striction as  to  slavery ; that  appropriate  governments 
should  be  established  in  all  the  other  Territories  with- 
out restriction  as  to  slavery;  that  slavery  should  not 
be  abolished  in  the  District  of  Columbia,  while  it 
existed  in  Maryland,  without  the  consent  of  the 
people  of  that  State  and  of  the  District;  that  the 
slave-trade  should  be  abolished  within  the  District ; 
that  more  effectual  provision  should  be  made  for  the 
restitution  of  fugitive  slaves;  and  that  Congress  had 
no  power  to  prohibit  the  trade  in  slaves  between  the 
slaveholding  States. 

Without  particularly  discussing  the  difference  be- 
tween the  two  measures,  the  President  spoke  of  a 
speech  Mr.  Clay  had  recently  made,  in  which  he  had 
praised  General  Scott  very  highly,  and  declared  him 
to  be  the  greatest  general  for  strategy  then  in  the 
world.  Yes,  Taylor  said,  “ some  senator  might  have 
replied  and  told  him  what  his  strategy  or  stratagem 
was;  by  licking  Polk’s  boots  he  had  got  my  army 
away  from  me,  and  left  me  at  the  mercy  of  Santa 


JACOB  W.  MILLER. 


43T 


Anna,  — that  was  his  strategy  or  stratagem ; and 
thus  he  sacrificed  Mr.  Clay’s  son,  — that  was  his  strat- 
egy or  stratagem.”  Upon  every  emphatic  pronuncia- 
tion of  the  word  stratagem,  repeated  many  times,  he 
shrugged  his  shoulders  and  spit. 

He  then  went  on  to  speak  of  the  celebration  of 
Mr.  Clay’s  birthday,  which  was  soon  to  take  place  at 
New  York,  when  Mr.  Cooper,  senator  from  Pennsyl- 
vania, was  to  deliver  an  address.  The  plan  agreed 
upon,  he  said,  was  to  run  Mr.  Clay  for  the  next  presi- 
dent with  General  Scott  for  vice-president,  to  which 
he  said  the  latter  had  reluctantly  assented.  I under- 
stood Mr.  Miller  to  say  that  he  believed  such  a plan 
wras  on  foot.  It  was  afterwards  frustrated  by  the 
death  of  Mr.  Clay  before  the  time  for  the  new  elec- 
tion arrived.  General  Scott,  as  is  well  known,  was  set 
up  as  the  Whig  candidate,  and  was  beaten  by  Pierce, 
and  the  Whig  party  dissolved.  I was  informed,  and 
believe  it  to  be  true,  that  Scott,  although  commander- 
in-chief  of  the  army,  never  saw  Taylor  after  his 
election  to  the  presidency.  It  was  said  that  upon 
one  occasion  he  got  half  way  up  the  stairs  on  his  way 
to  the  reception  room,  but  something  occurred  which 
made  him  beat  a retreat,  almost  as  hasty  as  his  dis- 
patch of  the  plate  of  soup  mentioned  in  one  of  his 
letters,  and  which  gave  to  his  opposers  such  a fine 
chance  for  ridicule. 

General  Taylor  spoke  also  of  Mr.  Webster,  but  with 
much  more  of  good  humor  than  characterized  his  talk 
about  Scott  and  Clay.  He  said  laughingly  that  Mr. 
Webster  had  made  a very  smooth  speech,  but  had  lost 
one  of  the  leaves,  and  had  to  make  a supplement  the 
next  day.  He  had  been  told  by  a mutual  friend  that 
Mr.  Webster  would  support  his  administration,  but  if 


438 


REMINISCENCES  OF  NEW  JERSEY. 


lie  had  ever  made  such  a pledge  he  had  forgotten  it. 
He  mentioned  having  been  shown  a newspaper  arti- 
cle, which  stated  that  he  had  not  consulted  Mr.  Web- 
ster or  Mr.  Clay  about  his  cabinet,  which  he  said  was 
very  true.  All  this  was  spoken  directly  to  Mr.  Mil- 
ler, without  his  appearing  to  notice  that  anybody  else 
was  in  the  room.  It  seemed  to  both  of  us  so  ex- 
traordinary, that  after  leaving  the  White  House  I 
suggested  that  it  would  not  be  proper  to  make  what 
was  said  publicly  known  ; and  Mr.  Miller  requested 
me  to  abstain  from  publishing  it  until  there  was  no 
longer  any  danger  of  its  doing  harm. 

It  is  curious  to  compare  Taylor’s  estimate  of  Scott 
with  what  the  latter  says  of  him  in  his  autobiogra- 
phy, vol.  ii.  page  382  : — 

“ General  Taylor’s  elevation  to  the  presidency,  the 
result  of  military  success,  though  a marvel,  was  not 
a curse  to  the  country.  Mr.  Webster  in  his  strong 
idiomatic  English,  said  of  the  nomination,  ‘ It  was  not 
fit  to  be  made.’ 

“ With  a good  store  of  common  sense,  General  Tay- 
lor’s mind  had  not  been  enlarged  and  refreshed  by 
reading,  or  by  much  converse  with  the  world.  Ri- 
gidity of  ideas  was  the  consequence.  The  frontiers 
and  small  military  posts  had  been  his  home.  Hence 
he  was  quite  ignorant  for  his  rank,  and  quite  bigoted 
in  his  ignorance.  His  simplicity  was  child-like,  and 
with  immeasurable  prejudices,  amusing  and  incorri- 
gible, well  suited  to  the  tender  age.  Yet  this  old 
soldier  and  neophyte  statesman  had  the  true  basis  of 
a great  character;  pure,  uncorrupted  morals,  combined 
with  indomitable  courage.  He  had  no  vice  but  pre- 
judice.” 

This  strikes  me  as  a pretty  fair,  although  certainly 


JACOB  W.  MILLER. 


439 


not  a friendly  appreciation  of  General  Taylor’s  fit- 
ness for  the  presidential  chair.  The  triumphant  elec- 
tion of  Jackson  affected  all  our  subsequent  elections. 
The  statesman  has  gone  under,  and  a soldier  will  be 
the  man,  whenever  a war  occurs  to  give  him  a chance 
of  prominence.  Scott  has  been  as  yet  the  only  fail- 
ure. 

After  the  demise  of  the  Whig  party,  Mr.  Miller 
attached  himself  to  the  Republicans,  although  not  an 
abolitionist.  He  had  all  his  life  acted  in  opposition  to 
the  Democrats,  deplored  the  existence  of  slavery,  and 
was  hostile  to  its  extension.  He  opposed  Mr.  Clay’s 
compromise  measures,  and  regarded  the  repeal  of  the 
Missouri  Compromise  as  the  prelude  to  an  attempt 
at  dissolution  of  the  Union.  As  a matter  of  course 
he  was  a warm  supporter  of  the  general  government 
in  the  measures  adopted  for  preventing  or  suppress- 
ing the  rebellion. 

After  his  retirement  from  the  senate,  he  returned 
more  actively  to  the  business  of  his  profession,  which 
he  had  never  entirely  relinquished ; but  his  so  long 
engrossment  in  other  pursuits  made  it  irksome  to 
him,  and  failing  health  soon  rendered  him  more  and 
more  averse  to  exertion.  He  argued  a few  cases  in 
the  courts  in  which  I sat,  with  marked  ability.  But 
a cold  which  affected  him  in  1861,  ripened  into  con- 
sumption, to  which  he  was  constitutionally  prone,  so 
that  in  the  following  year  he  died.  He  may  be  truly 
characterized  as  having  been  an  amiable  Christian 
gentleman;  of  abilities  not  of  the  highest,  but  above 
the  common  order ; and  as  one  who  lived  beloved  and 
respected,  and  died  lamented  by  all  who  knew  him. 


438 


REMINISCENCES  OF  NEW  JERSEY. 


he  had  ever  made  such  a pledge  he  had  forgotten  it. 
lie  mentioned  having  been  shown  a newspaper  arti- 
cle, which  stated  that  he  had  not  consulted  Mr.  Web- 
ster or  Mr.  Clay  about  his  cabinet,  which  he  said  was 
very  true.  All  this  was  spoken  directly  to  Mr.  Mil- 
ler, without  his  appearing  to  notice  that  anybody  else 
was  in  the  room.  It  seemed  to  both  of  us  so  ex- 
traordinary, that  after  leaving  the  White  House  I 
suggested  that  it  would  not  be  proper  to  make  what 
was  said  publicly  known  ; and  Mr.  Miller  requested 
me  to  abstain  from  publishing  it  until  there  was  no 
longer  any  danger  of  its  doing  harm. 

It  is  curious  to  compare  Taylor’s  estimate  of  Scott 
with  what  the  latter  says  of  him  in  his  autobiogra- 
phy, vol.  ii.  page  382  : — 

“ General  Taylor’s  elevation  to  the  presidency,  the 
result  of  military  success,  though  a marvel,  was  not 
a curse  to  the  country.  Mr.  Webster  in  his  strong 
idiomatic  English,  said  of  the  nomination,  4 It  was  not 
fit  to  be  made.’ 

“ With  a good  store  of  common  sense,  General  Tay- 
lor’s mind  had  not  been  enlarged  and  refreshed  by 
reading,  or  by  much  converse  with  the  world.  Ri- 
gidity of  ideas  was  the  consequence.  The  frontiers 
and  small  military  posts  had  been  his  home.  Hence 
he  was  quite  ignorant  for  his  rank,  and  quite  bigoted 
in  his  ignorance.  His  simplicity  was  child-like,  and 
with  immeasurable  prejudices,  amusing  and  incorri- 
gible, well  suited  to  the  tender  age.  Yet  this  old 
soldier  and  neophyte  statesman  had  the  true  basis  of 
a great  character;  pure,  uncorrupted  morals,  combined 
with  indomitable  courage.  He  had  no  vice  but  pre- 
judice.” 

This  strikes  me  as  a pretty  fair,  although  certainly 


JACOB  W.  MILLER. 


439 


not  a friendly  appreciation  of  General  Taylor’s  fit- 
ness for  the  presidential  chair.  The  triumphant  elec- 
tion of  Jackson  affected  all  our  subsequent  elections. 
The  statesman  has  gone  under,  and  a soldier  will  be 
the  man,  whenever  a war  occurs  to  give  him  a chance 
of  prominence.  Scott  has  been  as  yet  the  only  fail- 
ure. 

After  the  demise  of  the  Whig  party,  Mr.  Miller 
attached  himself  to  the  Republicans,  although  not  an 
abolitionist.  He  had  all  his  life  acted  in  opposition  to 
the  Democrats,  deplored  the  existence  of  slavery,  and 
was  hostile  to  its  extension.  He  opposed  Mr.  Clay’s 
compromise  measures,  and  regarded  the  repeal  of  the 
Missouri  Compromise  as  the  prelude  to  an  attempt 
at  dissolution  of  the  Union.  As  a matter  of  course 
he  was  a warm  supporter  of  the  general  government 
in  the  measures  adopted  for  preventing  or  suppress- 
ing the  rebellion. 

After  his  retirement  from  the  senate,  he  returned 
more  actively  to  the  business  of  his  profession,  which 
he  had  never  entirely  relinquished ; but  his  so  long 
engrossment  in  other  pursuits  made  it  irksome  to 
him,  and  failing  health  soon  rendered  him  more  and 
more  averse  to  exertion.  He  argued  a few  cases  in 
the  courts  in  which  I sat,  with  marked  ability.  But 
a cold  which  affected  him  in  1861,  ripened  into  con- 
sumption, to  which  he  was  constitutionally  prone,  so 
that  in  the  following  year  he  died.  He  may  be  truly 
characterized  as  having  been  an  amiable  Christian 
gentleman;  of  abilities  not  of  the  highest,  but  above 
the  common  order ; and  as  one  who  lived  beloved  and 
respected,  and  died  lamented  by  all  who  knew  him. 


CHAPTER  XV. 


LAWYERS  I HAVE  KN0W1L 

THEODORE  FRELINGHUYSEN.  JOHN  RUTHERFURD.  WILLIAM  CHET- 
WOOD.  JOHN  J.  CHETWOOD.  AARON  0.  DAYTON.  WILLIAM  N. 
JEFFERS.  ALPHONSO  L.  EAKIN.  JOSIAH  HARRISON.  FRANCIS  L. 
MACCULLOCH.  RICHARD  P.  THOMPSON.  ASA  WHITEHEAD.  JO- 
SEPH W.  SCOTT. 

fTlHEODORE  FRELINGHUYSEN  was  the  grand- 
son of  the  Rev.  John  Frelinghuysen,  who  came 
from  Holland  in  the  year  1720,  and  ministered  more 
than  a quarter  of  a century  to  the  Dutch  settlers  in 
Somerset  and  Middlesex  counties.  His  grandmother, 
the  daughter  of  a rich  merchant  of  Amsterdam  (after 
the  death  of  her  first  husband,  long  known  as  Juf- 
frouw  Hardenbergh),  was  a woman  of  keen  intellect, 
strong  will,  and  ardent  piety,  and  from  her,  as  well  as 
her  husband,  his  descendants  no  doubt  derived  that 
high  character  which  distinguishes  them  to  the  pres- 
ent day.  His  father,  Frederick  Frelinghuysen,  was 
educated  at  Princeton,  and  was  a distinguished  law- 
yer, and  early  in  life  a member  of  the  Provincial  and 
Continental  Congress.  During  the  Revolution  he  was 
a captain  of  artillery  ; in  that  capacity  being  engaged 
in  the  battle  with  the  Hessians  at  Trenton,  and  after- 
wards as  a colonel  of  militia  at  several  engagements 
with  the  enemy.  In  1793  he  was  elected  senator  of 
the  United  States,  a place  which  he  resigned  in  17^6. 
During  the  administration  of  General  Washington  he 
had  a command  as  major-general  of  a portion  of  the 


THEODORE  FRELINGHUYSEN. 


441 


militia  sent  into  Western  Pennsylvania  to  quell  the 
disturbance  known  as  the  Whiskey  Insurrection.  He 
died  in  1804,  at  the  age  of  fifty-one,  and,  as  is  be- 
lieved, justly  entitled  to  the  eulogium  engraved  on 
his  tombstone  : — 

“ He  died  greatly  beloved  and  lamented.  Endowed  by  nature 
with  superior  talents,  he  was  from  his  youth  intrusted  by  his 
country  with  the  most  important  concerns.  At  the  bar  he  was 
eloquent,  in  the  senate  he  was  wise,  in  the  field  he  was  brave. 
Candid,  generous,  and  just,  he  was  constant  and  ardent  in  his  friend- 
ship. Ever  the  patron  and  protector  of  merit,  he  gave  his  hand  to 
the  young,  his  counsel  to  the  middle-aged,  his  support  to  declining 
years.  He  left  to  his  children  the  rich  legacy  of  a life  unsullied  by 
a stain,  and  adorned  with  numerous  expressions  of  public  useful- 
ness and  private  beneficence.” 

My  father,  who  knew  him  during  the  Revolution, 
and  afterwards  as  a fellow-member  of  the  legislature, 
always  spoke  of  him  with  the  highest  respect,  as  an 
able  legislator,  and  rather  remarkable  for  his  sprightly 
vivacity. 

Three  of  General  Frelinghuysen’s  sons  were  law- 
yers. John,  the  eldest,  born  in  1776,  admitted  to  the 
bar  in  1797,  died  in  1833.  He  was  highly  respected, 
and  of  deep  and  ardent  piety ; not  distinguished  as 
an  advocate,  but  of  excellent  business  talents,  and  ex- 
tensively occupied  in  public  affairs,  holding  the  office 
of  surrogate,  and  frequently  a member  of  the  legis- 
lature. In  that  capacity  I had  the  opportunity  of 
knowing  how  deserving  he  was  of  the  esteem  in 
which  he  was  always  held. 

Frederick  Frelinghuysen,  the  younger  brother, 
born  in  1788,  a graduate  of  Princeton,  was  licensed 
as  an  attorney  in  1810.  He  was  distinguished  as  an 
advocate,  and  had  a large  practice,  but  he  died  in 
1820,  at  the  early  age  of  thirty-two.  Both  these 


442 


REMINISCENCES  OF  NEW  JERSEY. 


brothers,  I believe  are  still  represented  at  the  bar,  by 
their  descendants.  Frederick  T.  Frelinghuysen,  the 
distinguished  senator,  is  a son  of  Frederick  ; he  was 
adopted  and  educated  by  his  uncle  Theodore,  who 
had  no  children. 

Theodore  Frelinghuysen  was  born  in  1787,  grad- 
uated at  Princeton  in  1804,  studied  law  with  Richard 
Stockton,  was  admitted  to  the  bar  in  1808,  and  died 
in  1862.  I have  always  esteemed  it  one  of  the  great 
blessings  of  my  life  that  I was  brought  early  into 
association  with  him,  and  could  claim  him  as  my 
friend.  While  he  was  a member  of  the  senate  at 
Washington  I had  occasion  to  pay  a visit  to  Boston, 
and  took  with  me  a letter  of  introduction  from  him 
(o  a clerical  friend  there,  who  introduced  me  to  sev- 
eral of  the  best  religious  circles  of  that  city,  as  the 
friend  of  Mr.  Frelinghuysen,  and  upon  one  occasion 
I was  for  a short  time  mistaken  for  Mr.  Frelinghuy- 
sen himself.  The  manner  in  which  I was  received 
by  persons  who  had  no  personal  acquaintance  with 
him,  gave  unmistakable  evidence  of  the  high  char- 
acter he  had  justly  acquired ; and  I was  enabled  to 
understand  more  fully  the  sentiment  which  induced 
Fulke  Greville,  created  Lord  Brooke  by  Queen  Eliz- 
abeth, to  desire  to  have  inscribed  on  his  tomb,  that 
he  was  a friend  of  Sir  Philip  Sidney.  The  powers 
of  Mr.  Frelinghuysen  were  not  equal  to  those  of  Mr. 
Webster,  or  of  Mr.  Southard,  or  of  several  others  of 
our  distinguished  men ; but  in  many  respects  he  was 
superior  to  any  of  them. 

First  of  all  in  importance,  his  piety  was  deep  and 
ardent.  Of  all  the  men  I have  ever  known,  he  was 
the  most  faithful  and  untiring  in  exercising  a Chris- 
tian influence  over  others.  This  indeed  may  be  truly 


THEODORE  FRELINGHUYSEN. 


443 


said  to  have  been  his  great  talent.  His  piety  was  so 
unostentatious  and  yet  so  manifest,  his  manner  of 
address  so  winning,  his  integrity  so  complete,  and  his 
desire  to  do  good  so  intense,  that  he  could  not  fail  to 
exercise  a good  influence  over  those  with  whom  he 
came  in  contact.  Even  those  who  would  turn  with 
disgust  from  any  attempt  of  others  to  introduce  relig- 
ious subjects,  would  listen  to  him  at  least  with  as- 
sumed patience,  and  thank  him  for  his  faithfulness. 
His  natural  temper  was  quick  and  irritable,  and 
although  generally  under  complete  control,  I once 
witnessed  a manifestation  of  it,  unexpected  and  at  the 
moment  painful.  But  this  quick  sensibility  was  one 
of  the  elements  of  his  power.  It  was  manifested  in 
his  voice  and  demeanor.  He  was  indeed  the  most 
persuasive  speaker  I have  ever  listened  to.  His 
speeches,  when  reported  and  read,  cannot  be  said  to 
be  at  all  remarkable.  But  like  Whitefield,  and  all 
great  natural  orators,  his  voice  and  manner  were  such 
as  to  bring  his  hearers  into  entire  sympathy  with  his 
own  feelings,  and  thus  to  overmaster  them. 

It  cannot  be  said  that  Mr.  Frelinghuysen  was  un- 
commonly learned  ; but  he  had  a rapid,  correct,  and 
comprehensive  mind,  which  enabled  him  fully  to  un- 
derstand any  subject  to  which  he  applied  himself. 
His  judgment  was  quick  and  seldom  erroneous.  He 
was  thus  a safe  counselor  as  well  as  a most  success- 
ful advocate. 

With  these  great  advantages,  it  is  not  wonderful 
that  he  took  so  high  a position  among  competitors 
distinguished  for  the  best  qualities  of  successful  law- 
yers. From  his  admission  to  the  bar  until  he  with- 
drew from  the  profession  in  1838,  a period  of  thirty 
years,  he  was  fully  employed,  and  engaged  in  most 


446 


REMINISCENCES  OF  NEW  .JERSEY. 


not,  he  shall  have  one  assigned  to  him  by  the  court, 
to  perform  this  service  gratuitously. 

The  lawyer  who  should  undertake  to  make  it  his 
rule  to  engage  in  no  case  he  was  not  convinced  be- 
forehand was  just,  or  who  should  determine  to  aban- 
don a case  the  moment  he  felt  persuaded  he  was  on 
the  wrong  side,  would  set  very  dangerous  snares  for 
his  conscience.  To  avoid  falling  into  one  error  he 
would  be  pretty  sure  to  fall  into  a greater.  Every 
lawyer  of  experience  soon  learns  that  cases,  the  legal- 
ity or  justice  of  which  have  appeared  to  him  doubtful, 
have  turned  out,  or  at  any  rate  have  been  thought  by 
those  whose  duty  it  was  to  decide  them,  perfectly  just 
and  legal.  In  fact  a majority  of  the  causes  brought 
into  the  courts  are  more  or  less  doubtful,  either  as  to 
the  facts  or  the  law,  and  often  as  to  both.  Many 
things  may  be  properly  urged  on  both  sides  of  such 
questions ; and  the  very  object  of  a public  discussion 
by  skilled  advocates  on  both  sides,  is  to  afford  the 
means  of  fully  understanding  and  rightly  deciding 
them.  With  all  the  aid  thus  afforded,  judicial  opin- 
ions are  not  always  correct;  but  without  them  the 
danger  of  error  would  be  far  greater. 

But  while  all  this  is  perfectly  true,  and  was  well 
understood  and  acted  upon  by  Mr.  Frelinghuysen,  it 
does  not  follow  that  the  profession  is  free  from  very 
peculiar  dangers.  The  wish  to  succeed  is  natural, 
and  without  it  an  advocate  would  be  apt  to  lack 
energy  and  earnest  effort.  To  keep  this  wish  within 
due  bounds,  and  never  to  permit  it  to  induce  him  to 
aid  in  any  attempt  to  pervert  the  truth  or  the  law,  is 
the  duty  of  every  truly  conscientious  lawyer,  and  one 
that  will  keep  him  ever  vigilant.  The  temptation  to 
swerve  from  the  strict  path  of  integrity  is  constantly 


THEODORE  FRELINGHUY SEN. 


447 


besetting  him,  and  as  constantly  calls  for  self-denial 
and  moral  courage,  to  enable  him  to  conquer  it. 

The  constant  desire  and  aim  of  the  lawyer  should 
be  to  aid  the  court  and  jury  in  arriving  at  the  truth. 
While  he  argues  for  a fee,  and  is  justly  entitled  to  live 
by  his  profession,  he  should  never  forget  that  he  is 
one  of  the  officers  of  justice,  and,  as  such,  has  taken 
upon  himself  solemn  responsibilities.  His  duty  to  his 
client  should  be,  not  the  highest  in  his  regard,  but 
second  to  the  claims  of  truth  and  justice.  One  great 
duty  he  should  never  forget,  and  that  is  the  duty  of 
discouraging  unnecessary  litigation.  Clients  are  fre- 
quently not  only  blinded  by  self-interest,  but  inflamed 
by  passion.  To  take  advantage  of  such  feelings  is  a 
worse  sin  than  he  is  guilty  of  who  indulges  them. 
The  lawyer  who  upon  the  retrospect  of  his  profes- 
sional life  can  feel  that  he  has  faithfully  endeavored 
to  be  a wise  and  safe  counselor,  has  abstained  from 
seeking  to  ^ain  advantage  from  the  weakness  or 
passions  of  those  employing  him,  has  endeavored  to 
heal  rather  than  to  widen  breaches,  has  declined  to 
obscure  or  pervert  the  truth  in  the  examination  of 
witnesses,  has  kept  himself  free  from  a desire  to  tri- 
umph over  an  adversary  at  the  expense  of  right,  and 
has  desired  to  fail  when  the  cause  of  justice  so  re- 
quired, may  look  back  upon  a safe  and  honorable 
career;  and  upon  such  a professional  career  as  this 
Mr.  Frelinsdiuysen  undoubtedlv  did  look  back. 

As  a public  prosecutor  of  criminals,  while  careful  to 
enforce  the  laws  faithfully,  he  was  never  willing  to 
urge  a conviction  unless  the  case  was  reasonably  clea  r 
of  doubt.  He  considered  it  one  of  the  advantages  of 
this  position  that  it  gave  him  more  discretion  in  the 
conduct  of  the  case,  and  freed  him  from  the  pressure 


448 


REMINISCENCES  OF  NEW  JERSEY. 


of  clients  prone  to  think  that  because  he  had  received 
their  money  he  was  bound  to  gratify  their  sometimes 
unreasonable  expectations.  In  exercising  this  discre- 
tion, however,  it  may  have  happened,  as  it  once  did 
to  myself,  when  prosecuting  an  accused  person  for 
murder,  before  the  statute  had  made  a distinction  be- 
tween murder  of  the  first  and  second  degree,  and 
nothing  appeared  to  indicate  any  malice,  but  the 
mere  fact  that  a blow  had  been  given  from  which 
death  ensued,  and  I declined  to  insist  upon  any  other 
verdict  than  manslaughter,  Chief  Justice  Ewing  not 
only  felt  it  his  duty  to  instruct  the  jury  that  malice 
ought  to  be  implied  from  the  fact  of  killing,  as  was 
undoubtedly  then  the  severe  rule  of  the  common  law, 
but  he  decidedly  though  gently  rebuked  the  prose- 
cutor for  having  failed  in  what  he  considered  his  duty 
so  to  insist.  I may  add  that  I was  not  grieved  either 
by  the  rebuke,  or  by  the  verdict  of  the  jury  for  the 
minor  offense. 

The  profession  of  a lawyer  in  full  practice  is  not 
only  arduous,  but  to  a truly  conscientious  pian  is  beset 
with  many  and  peculiar  trials.  These  trials  are  in- 
creased, I think,  by  the  erroneous  opinions  in  regard  to 
his  duty  which  have  been  expressed  by  those  who, 
without  any  adequate  knowledge  of  his  true  position, 
have  undertaken  to  instruct  him.  Dymond,  a Friend, 
takes  the  ground  in  his  “ Moral  Philosophy,”  that  a- 
conscientious  lawyer  cannot  aid  a criminal  in  escaping 
justice  by  taking  advantage  of  a defect  in  the  indict- 
ment, or  a defendant  in  evading  the  payment  of  an 
honest  debt  by  pleading  for  him  the  statute  of  limita- 
tions ; and  even  Mr.  Hoffman,  a lawyer  himself,  in  his 
excellent  work,  entitled  “ A Course  of  Legal  Study,” 
states  as  one  of  his  rules,  “ I will  never  plead  the 


THEODORE  FRELLNGHUYSEN. 


449 


statute  of  limitation  when  based  on  the  mere  efflux 
of  time,  for  if  my  client  is  conscious  he  owes  a debt, 
and  has  no  other  defense  than  the  legal  bar,  he  shall 
never  make  me  a partner  in  his  knavery.” 

Edward  O’Brien,  an  Irish  barrister,  and  evidently  a 
most  sincere  Christian,  who  died  in  1840,  at  an  early 
age,  in  a work  entitled,  “The  Lawyer;  his  Character 
and  Rule  of  Holy  Life,”  published  by  Cary  & Hart,  in 
1843,  and  which  ought  to  be  carefully  read  by  every 
lawyer,  goes  so  far  as  to  declare  : “ First  he  makes  it 
known  that  he  will  undertake  the  conduct  of  none  but 
just  causes;  and  here  he  esteems  those  causes  alone 
to  be  just  which  natural  law,  or  positive  laws  not  con- 
tradicted by  natural  laws,  do  make  such.  The  judge 
is  appointed  to  administer  the  laws  according  to  their 
letter;  he  is  bound  to  do  so  by  the  command  of  the 
prince  and  the  oath  of  his  office,  and  if  at  any  time  he 
is  obliged  to  give  a judgment  which  he  knows  must 
work  injustice,  he  does  so  against  his  will.  But  the 
lawyer  who  being  counsel  and  assists  his  client  will- 
ingly, no  law  compelling  him,  counsels  and  assists  him 
in  that  which  is  unjust,  becomes  before  God  a partaker 
in  his  client’s  evil  deeds.” 

All  this  proceeds,  I think,  upon  a mistake  as  to  the 
real  position  of  the  lawyer.  The  earnest  desire  of 
these  writers  to  enforce  upon  the  lawyer’s  conscience 
the  claims  of  justice  has  misled  them,  as  the  popular 
notion  that  the  advocate  is  simply  the  representative 
of  his  client,  has  misled  others.  It  is  an  error  into 
which  I think  Mr.  Frelinghuysen  did  not  fall,  although 
undoubtedly  he  did  feel  and  act  upon  the  principle, 
that  it  is  far  safer  to  err  on  this  side  of  the  question 
than  on  the  opposite. 

It  is  a plain  truth  that  no  one  can  properly  do  that 

29 


450 


REMINISCENCES  OF  NEW  JERSEY. 


for  another  which  he  cannot  honestly  do  for  himself ; 
provided,  that  when  he  acts  for  the  other,  he  acts  as 
freely  and  with  the  same  moral  relations  as  when  he 
acts  for  himself.  But  the  lawyer  does  not  so  act  when 
he  appears  for  his  client.  So  far  as  he  is  merely  his 
adviser  and  friend,  and  this  is  a part  of  his  character, 
he  is  undoubtedly  bound  honestly  to  advise  and  per- 
suade his  client  to  be  not  only  just  but  generous ; but 
he  is  something  more  than  a mere  willing  counselor 
and  friend  ; he  is  a minister  of  the  law,  holding  a situa- 
tion as  a sworn  officer  of  the  court,  whose  duty  it  is  to 
assist  parties  in  bringing  their  cases  before  the  court, 
that  they  may  be  adjudicated  according  to  law.  A 
man  who  is  entitled  to  sue  or  defend,  in  forma  pauperis, 
may  compel  this  service,  without  fee  or  reward,  and 
in  all  other  cases,  upon  being  suitably  paid,  the  duty 
must  be  the  same,  and  in  case  of  necessity,  I suppose 
may  be  and  would  be  enjoined  by  the  judge. 

In  my  opinion  it  must  be  an  extreme  case  which 
will  justify  a lawyer  in  refusing  to  apply  plain  prin- 
ciples of  law  either  in  the  prosecution  or  defense  of 
actions.  Taking  the  instance  of  the  statute  of  limita- 
tions, in  regard  to  which  many  have  doubted,  and 
which  at  one  time  even  our  judges  regarded  as  “a 
rogue’s  law,”  and  did  their  best  to  evade,  experience 
has  proved  its  beneficial  influence.  Whether  it  shall 
be  interposed  in  any  particular  case,  or  whether  he 
shall  wait  to  be  sued  for  a just  demand,  depends  on  cir- 
cumstances, and  is  a matter  for  the  conscience  of  the 
party,  which  the  law  does  not  meddle  with.  The  plea 
of  this  statute  must  be  interposed  in  a technical  man- 
ner, which  ordinarily  no  one  but  a lawyer  can  do.  The 
very  design  of  his  office  is  to  bring  forward  the  legal 
question  for  the  decision  of  the  judge.  By  what  right, 


THEODORE  FRELINGHUYSEN. 


451 


then,  shall  he  refuse  ? Shall  he  say,  “ Sir,  in  my  judg- 
ment, your  defense  is  unconscientious.”  His  client 
may  truly  answer,  “ The  law  gives  me  this  defense 
unconditionally ; my  conscience  is  my  own,  and  for 
the  right  use  of  it  I am  accountable  only  to  God.  I 
respect  and  have  duly  weighed  your  advice  ; but  you 
have  assumed  a public  office,  specially  charged  with 
the  duty  of  enabling  litigants  to  avail  themselves  of 
the  law,  and  you  have  no  more  right  to  deny  me  the 
plea,  if  I insist  upon  it,  than  the  judge  has  to  overrule 
it.”  Shall  he  say,  “Seek  a more  pliant  advocate?” 
But  all  advocates  are  bound  by  the  same  moral  law 
and  ought  to  be  Christians,  and  if  one  ought  to  refuse 
the  plea  so  ought  all.  And  we  have  this  anomaly  : the 
law  has  provided  a bar  against  every  action  not  com- 
menced writhin  a certain  time,  and  has  provided  an 
officer  to  set  up  that  bar,  but  it  must  depend  on  the 
conscience  of  the  officer  whether  it  shall  be  enforced. 

If  this  view  of  the  subject  is  not  correct,  I think  it 
must  be  conceded  that  no  conscientious  man  can 
safely  follow  the  business  of  an  advocate.  The  whole 
system  of  human  law  is,  from  the  necessity  of  the 
case,  artificial  and  imperfect,  by  which  no  more  is 
effected  than  by  general  rules  to  approach  as  near  to 
justice  as  the  imperfect  nature  of  all  human  institu- 
tions will  allow.  Some  contracts  to  be  legal  must  be 
in  writing ; an  infant  cannot  legally  bind  himself  at 
all,  except  for  necessaries ; a deed  or  will  must  be 
formally  executed,  or  it  does  not  operate  ; an  indictr 
ment  for  a crime  must  have  certain  formalities.  Yet 
all  these  and  many  other  regulations  of  daily  occur- 
rence may  work  a particular  wrong.  Must  the  lawyer, 
before  he  can  conscientiously  apply  these  rules,  be 
satisfied  that  his  client  may  conscientiously  avail  him- 


452 


REMINISCENCES  OF  NEW  JERSEY. 


self  of  them?  If  such  be  his  duty,  it  must  be  con- 
fessed that  he  had  better  never  enter  into  the  pro- 
fession. 

In  the  language  of  Hooker,  “ So  natural  is  the 
union  of  religion  with  justice,  that  we  may  boldly 
deem  there  is  neither  where  both  are  not.  For  how 
should  they  be  unfeignedly  just,  whom  religion  doth 
not  cause  to  be  such,  or  they  religious  which  are  not 
found  such  by  the  proof  of  their  just  actions.  If  they 
which  employ  their  labor  and  travail  about  the  public 
administration  of  justice,  follow  it  only  as  a trade, 
with  an  unquenchable  and  unconscionable  thirst  of 
gain  ; being  not  in  heart  persuaded  that  justice  is 
God’s  own  work,  and  themselves  his  agents  in  this 
business ; the  sentence  of  right  God’s  own  verdict, 
and  themselves  his  priests  to  deliver  it ; formalities  of 
justice  do  but  serve  to  smother  right,  and  that  which 
was  necessarily  ordained  for  the  common  good,  is, 
through  shameful  abuse,  made  the  cause  of  common 
misery.” 

The  advocate  who  willingly  aids  in  perverting  legal 
proceedings,  to  enable  unscrupulous  persons  to  plun- 
der the  public,  by  fraudulent  schemes,  or  by  the  cor- 
rupt management  of  railroads  or  other  corporations  ; 
or  who  so  conducts  the  defense  of  criminals  as  to  at- 
tract the  general  applause  of  notorious  offenders,  in- 
somuch that  they  instinctively  apply  to  him,  ought 
not  to  be  accounted  an  honorable  man,  and  certainly 
cannot  be  a Christian.  And  when  such  men  are  found 
to  do  these  things  for  enormous  fees,  they  cannot  be 
otherwise  regarded  than  as  a reproach  to  the  profes- 
sion. But  although  there  is  too  much  reason  to  fear 
that  men  aspiring  to  hold  an  honorable  rank  in  the 
profession  do  sometimes  err  even  to  this  extent,  the 


THEODORE  FRELINGHUYSEN. 


453 


much  more  common  error  into  which  they  fall  is  to 
willingly  and  earnestly  advocate  grounds  of  defense 
for  criminals  which  they  cannot  help  knowing  are  im- 
proper or  entirely  unsupported  by  the  evidence,  the 
most  flagrant  example  of  which  is  the  plea  of  insan- 
ity in  certain  cases  of  murder. 

And  when  it  is  considered  how  important  legal 
knowledge  is,  and  how  large  a part  lawyers  neces- 
sarily take  in  the  proceedings  of  our  republican  in- 
stitutions, the  importance  of  this  subject  can  hardly 
be  overrated.  Many  persons  are  greatly  prejudiced 
against  lawyers ; but  what  would  be  the  end  of  a 
government  depending  upon  a system  of  law,  if  those 
who  are  trained  to  expound  it  are  corrupt,  or  are 
discarded  ? Lawyers  are  exposed  to  special  tempta- 
tions and  have  need  of  all  their  vigilance,  and  indeed 
of  earnest  prayer,  to  overcome  them.  But  long  ex- 
perience has  satisfied  me,  that  as  a class  they  are  quite 
as  honest  as  any  other  class  of  the  community  ; and 
I trust  it  is  not  mere  partiality  makes  me  say  that 
upon  the  whole  they  are  even  the  mo'st  trustworthy 
men  we  have.  There  are  knaves  in  all  trades  and 
professions ; but  a lawyer  of  the  average  honesty  of 
disposition  is  in  general  better  acquainted  with  the 
true  rules  of  morality  and  with  the  evils  of  departing 
from  them,  and  hence,  as  he  ought  to  be,  is  more  to 
be  relied  on  to  observe  them  ; and  the  extent  to 
which  they  are  trusted  is  evidence  that  this  is  the 
sober  sentiment  of  the  community. 

Mr.  Frelinghuysen  was  a man  of  prayer,  and  was  in 
the  daily  habit  of  seeking  aid  from  the  only  true 
source  of  power  to  resist  temptation.  Could  every 
lawyer  be  persuaded  to  adopt  the  prayer  given  by 
O’Brien,  he  might  hope  never  greatly  to  err : “ 0 


454 


REMINISCENCES  OE  NEW  JERSEY. 


Lord,  our  heavenly  Father,  who  in  thy  providence 
hast  appointed  governors,  thy  ministers,  to  dispense 
thy  laws  among  all  nations ; grant  that  we  and  all 
thy  servants  ministering  in  things  pertaining  to  justice, 
may  faithfully  fulfill  the  duties  of  our  calling  with  a 
single  eye  to  thy  glory,  and  a humble  dependence 
upon  thy  heavenly  blessing.  Mercifully,  we  beseech 
thee,  turn  us  away  from  all  undue  love  of  wealth  and 
earthly  power;  keep  us  from  all  pride,  malice,  and 
evil  speaking ; preserve  us  from  the  fear  of  evil  men, 
and  the  contagion  of  ill  example ; strengthen  in  us 
the  love  of  truth,  justice,  and  mercy ; and  so  quicken 
our  hearts  with  love  towards  thee,  that  we,  loving  thee 
above  all  things,  may  so  love  our  fellow-creatures, 
even  as  thou  hast  loved  us.  Grant  this,  0 Lord,  for 
Jesus  Christ’s  sake,  our  only  Saviour  and  Redeemer. 
Amen.” 

Feeling  deeply  the  dangerous  temptations,  and  the 
incessant  fatigue  to  which  a large  practice  exposed 
him,  Mr.  Frelinghuysen,  was  often  on  the  point  of 
giving  it  up,  and  becoming  a preacher  of  the  gospel. 
Satisfied,  however,  not  only  from  his  own  experience, 
but  from  the  advice  of  judicious  friends  that  he  was 
probably  doing  as  much  good  for  the  cause  of  religion, 
in  his  situation  at  the  bar  and  in  public  life,  as  he 
could  in  the  ministry,  he  resisted  these  temptations, 
and  continued  at  the  bar  until  he  had  passed  the 
middle  of  life.  And  no  man  was  more  faithful  in 
using  every  suitable  opportunity  of  exercising  an  in- 
fluence for  good.  But  few,  if  any,  of  his  associates  at 
the  bar,  or  in  public  life,  were  left  without  his  having 
taken  some  opportunity  of  bringing  before  them, 
orally  or  in  writing,  the  subject  of  personal  religion. 
And  . seldom  did  he  fail  to  make  a deep  and  sericus 


THEODORE  FRELINGHUYSEN. 


455 


impression  upon  those  he  addressed.  The  influence 
of  a few  well  chosen,  sympathetic,  earnest  words,  like 
his  most  impassioned  addresses  to  a jury,  often  seemed 
irresistible.  I doubt  if  any  layman  in  the  land,  or  if 
few  or  any  ministers  of  the  gospel,  ever  made  so  many 
personal  appeals  on  the  subject  of  religion  as  during 
his  life  he  did. 

He  was  an  early  and  earnest  supporter  of  the  meas- 
ures adopted  to  discourage  the  use  of  intoxicating 
drinks,  and  besides  his  own  example  of  entire  absti- 
nence from  their  use,  made  many  powerful  addresses 
in  favor  of  the  practice  of  total  abstinence.  But  in 
this  as  in  all  his  efforts  to  do  good,  he  was  careful  not 
to  overstep  the  bounds  of  Divine  truth  and  reason- 
able prudence,  as  so  many  have  done,  to  the  great  in- 
jury of  this  and  other  benevolent  objects. 

Early  in  1839  he  was  chosen  chancellor  of  the  Uni- 
versity of  New  York,  and  after  considerable  hesita- 
tion he  accepted  the  situation  and  removed  to  New 
York.  He  had  attained  an  age  when,  like  most  of 
those  wTho  have  enjoyed  a large  practice  as  an  ad- 
vocate, he  began  to  feel  a growing  repugnance  to  the 
conflicts  of  the  profession,  especially  in  the  trial  of 
causes  involving  disputed  facts,  and  such  a decision 
was  to  be  expected.  But  I have  always  doubted 
whether  he  would  not  have  done  better  to  remain 
where  he  was ; and  am  by  no  means  certain  that  he 
did  not  himself  regret  the  change.  * 

In  1844  he  was  selected  by  the  whig  party  as 
their  candidate  for  vice-president,  with  Mr.  Clay,  then 
the  great  leader  of  the  party,  as  the  candidate  for  the 
presidency.  Greatly  to  the  surprise  of  their  supporters, 
these  popular  men  failed  to  be  elected.  The  great 
conflict  between  the  North  and  the  South,  in  regard 


456 


REMINISCENCES  OF  NEW  JERSEY. 


to  slavery,  soon  became  the  absorbing  question,  and 
resulted  in  the  triumph  of  the  party  of  the  north, 
which  assumed  the  name,  once  so  denounced,  of  Re- 
publicans. Although  never  ranked  among  abolition- 
ists, but  a supporter  of  the  Colonization  Society,  Mr. 
Frelinghuysen  threw  the  whole  influence  of  his  high 
character  on  the  side  of  the  Republicans.  He  did  not 
live  to  see  slavery  finally  overthrown,  but  so  long  as 
he  lived  he  aided  to  the  extent  of  his  power  in  the 
maintenance  of  the  Union.  In  1841  he  was  chosen 
President  of  the  American  Board  of  Commissioners 
for  Foreign  Missions;  and  in  1846,  President  of  the 
American  Bible  Society.  In  the  year  1850,  he  was 
chosen  President  of  Rutger’s  College,  and  removed  to 
New  Brunswick,  thus  in  the  evening  of  his  days  re- 
turning to  the  cherished  spot  where  its  morning 
began,  and  was  permitted  to  end  a life  of  singular 
distinction  and  usefulness,  dying  at  the  age  of  seventy- 
five  years. 

John  Rutherfurd,  with  whom  I became  well  ac- 
quainted while  we  were  associated  as  commissioners 
on  the  part  of  New  Jersey,  for  settling  the  contro- 
versy with  New  York  respecting  the  waters  between 
the  two  States,  was  licensed  as  an  attorney  in  1782. 
He  was  the  son  of  Walter  Rutherfurd  and  a daughter 
of  James  Alexander,  and  was  born  in  the  city  of  New 
York  in  the  year  1760.  Having  graduated  at  Prince- 
ton College,  he  studied  law  partly  with  Richard  Stock- 
ton,  the  elder,  and  partly  with  Judge  Paterson. 

Directly  after  his  admission  to  the  bar,  he  married 
a daughter  of  General  Lewis  Morris,  of  Morrisania,  and 
settled  at  first  in  the  city  of  New  York.  Being  one 
of  the  vestry  of  Trinity  Church,  he  had  the  care  of 


JOHN  RUTHERFURD. 


457 


the  real  estate  of  that  wealthy  corporation,  and  his 
name  is  found  in  the  Directory  of  1786,  among  the 
lawyers,  as  of  50  Broadway.  In  1787  he  took  up  his 
residence  at  his  farm  called  “ Tranquillity,”  in  Sussex 
County,  and  the  next  year  was  elected  a member  of 
the  Assembly.  Having  a large  property,  as  one  of  the 
proprietors  of  East  Jersey,  and  otherwise,  he  does  not 
appear  to  have  engaged  in  active  business  as  a lawyer. 
In  1790,  when  he  had  barely  reached  the  age  of  thirty, 
required  by  the  Constitution,  he  was  elected  a mem- 
ber of  the  senate  of  the  United  States,  in  the  place  of 
my  uncle,  Jonathan  Elmer,  who  was  one  of  the  first 
senators,  and  drew  the  class  whose  seats  became  va- 
cant at  the  end  of  two  years,  and  was  denied  a reelec- 
tion, as  was  said,  because  he  was  absent  when  the  vote 
was  taken  fixing  the  seat  of  the  general  government. 
Mr.  Rutherfurd  was  reelected  in  1796,  but  resigned 
in  1798.  As  during  his  time  the  senate  sat  with 
closed  doors,  but  little  is  known  of  the  part  he  took 
in  the  business  transacted. 

About  the  time  he  left  the  senate,  he  took  up  his 
residence  at  Trenton,  at  a beautiful  site  on  the  banks 
of  the  Delaware,  where  he  continued  until  1808,  when 
he  removed  to  a seat  on  the  east  bank  of  the  Passaic, 
a few  miles  above  Newark.  At  that  place  he  died  in 
1840. 

Although  not  following  the  profession  for  which  he 
was  educated,  his  time  was  fully  occupied  in  the  care 
of  his  large  possessions,  in  the  business  of  the  East 
Jersey  Proprietors,  of  whom  he  was  president  from 
1804,  and  in  various  public  affairs  of  consequence. 
During  ten  years  from  1801,  he  was  a commissioner 
with  Simeon  De  Witt  and  Governeur  Morris,  to  lay 
out  the  city  of  New  York,  by  whom  the  plan  of  the 
city  was  adopted,  and  the  survey  and  map  completed. 


458 


REMINISCENCES  OF  NEW  JERSEY. 


In  1827,  in  conjunction  with  Richard  Stockton, 
Theodore  Frelinghuysen,  James  Parker,  and  myself, 
he  was  a commissioner  appointed  by  Governor  Wil- 
liamson, in  pursuance  of  a law  of  this  State  passed  in 
1824,  entitled  “An  act  for  the  settlement  of  territorial 
limits  and  jurisdiction  between  the  States  of  New 
Jersey  and  New  York.”  There  had  been  an  attempt 
to  settle  this  long  pending  dispute  in  1807,  when 
Aaron  Ogden,  Alexander  C.  McWhorter,  William  S. 
Pennington,  James  Parker,  and  Lewis  Condict  were 
the  commissioners  on  the  part  of  New  Jersey,  who 
had  a long  and  rather  angry  controversy  on  the  sub- 
ject with  the  New  York  commissioners,  published  by 
order  of  the  legislature,  without  any  result.  The 
commissioners  appointed  in  1827  had  several  con- 
ferences with  the  New  York  commissioners  at  Newark 
and  Albany,  but  failed  to  agree  upon  any  terms  of 
settlement.  So  little  disposition  was  there  at  that 
time  on  the  part  of  New  York  to  yield  any  part  of 
their  pretensions,  that  while  we  were  actually  in  con- 
ference at  Albany,  a bill  passed  one  branch  of  the 
legislature  in  session  there,  which  afterwards  became 
a law,  asserting  and  declaring  the  boundary  line  of 
New  York  to  extend  “ along  the  west  shore  at  low 
water-mark  of  the  Hudson  River,  of  the  Kill  van  Kull, 
of  the  sound  between  Staten  Island  and  New  Jersey, 
and  of  Raritan  Bay  to  Sandy  Hook.”  The  proposition 
on  both  sides,  and  the  argument  in  behalf  of  New 
Jersey,  will  be  found  fully  stated  in  a message  com- 
municated to  the  legislature  of  New  Jersey  by  Gov- 
ernor Williamson  in  February,  1828,  and  printed  for 
the  State.  It  is  somewhat  curious  to  notice,  that  the 
original  right  of  New  Jersey  to  the  whole  of  Staten 
Island,  was  much  plainer  than  her  right  to  the  middle 


WILLIAM  CHETWOOD. 


459 


of  the  Hudson  River,  as  we  claimed,  and  as  New  York 
finally  conceded  to  us. 

Between  1828  and  1833,  many  conflicts  arose  be- 
tween persons  claiming  rights  on  the  shores  and 
oyster  beds  west  of  the  middle  of  the  Hudson,  and  of 
the  waters  between  Staten  Island  and  New  Jersey, 
which  at  times  came  near  to  actual  warfare.  In  1833 
new  commissioners  were  appointed  on  the  part  of  New 
York,  and  Frelinghuysen,  Parker,  and  myself  were 
reappointed  for  New  Jersey  ; and  it  soon  appeared 
that  we  were  to  be  met  with  an  entirely  different 
spirit  from  that  which  had  before  prevailed.  Instead 
of  stubborn  persistence  in  the  claims  put  forward  on 
the  two  sides,  the  single  question  was,  how  we  could 
arrange  terms  of  settlement  that  would  be  just  and 
equitable,  and  prove  acceptable  to  the  people  of  the 
two  States.  It  being  suggested  on  behalf  of  New 
Jersey,  that,  waiving  all  considerations  of  abstract 
right,  New  York  should  acknowledge  the  true  bound- 
ary line  to  be  the  middle  of  the  river,  and  that  New 
Jersev  should  agree  that  New  York  should  have  all 
such  rights  west  of  that  line  as  might  be  deemed  im- 
portant to  secure  to  that  State  the  right  to  regulate 
the  police  and  the  quarantine  on  the  whole  of  the 
waters  dividing  the  States ; this  proposition,  after 
time  had  been  taken  for  full  consideration  and  con- 
sultation, was  acceded  to  by  the  New  York  commis- 
sioners. The  result  was  the  consummation  of  the 
agreement  entered  into  September  16th,  1833,  which 
was  ratified  by  the  legislatures  of  both  the  States,  and 
approved  by  the  Congress  of  the  United  States. 

William  Chetwood  was  the  son  of  John  Chetwood, 
one  of  the  justices  of  the  supreme  court,  and  was  born 


460 


REMINISCENCES  OF  NEW  JERSEY. 


at  Elizabethtown  in  1771.  The  family  were  originally 
Quakers,  and  settled  first  in  Salem  County,  but  after 
the  removal  of  Judge  Chetwood  to  Elizabethtown  be- 
came connected  with  the  Episcopal  Church.  William 
Chetwood  graduated  at  Princeton  in  1792,  and  then 
studied  law  with  his  father.  He  was  a volunteer,  and 
served  on  the  staff  of  General  Lee  during  the  Whiskey 
Insurrection,  having  the  rank  then  or  afterwards  of 
major,  by  which  title  he  was  usually  addressed  when 
I first  knew  him. 

He  was  licensed  as  an  attorney  in  1796,  as  coun- 
selor in  1799,  and  in  1816  was  made  a sergeant  at 
law.  He  married  a daughter  of  Colonel  Francis  Bar- 
ber, killed  during  the  Revolutionary  War  by  the  fall- 
ing of  a tree,  and  settled  in  his  native  place,  where  he 
resided  until  his  death  in  1857,  at  the  advanced  age 
of  eighty-six  years  and  six  months. 

Living  in  different  parts  of  the  State,  I only  knew 
him  as  for  some  years  a constant  attendant  on  the 
sittings  of  the  supreme  court  at  Trenton.  He  was 
one  of  those  indefatigable  workers  who,  by  persistent 
industry,  are  pretty  sure  to  succeed.  A story  used  to 
be  told  of  him,  that  upon  one  occasion  he  went  to  the 
court  in  his  own  carriage,  as  the  custom  then  was,  ex- 
pecting to  remain  only  a day,  and  without  a change 
of  linen.  Unexpectedly  detained,  it  became  necessary 
for  him  to  go  up  to  Sussex  County  without  returning 
home ; and  he  turned  his  shirt,  so  as  to  appear  as  de- 
cently as  circumstances  would  permit.  But  before  he 
could  procure  a change  he  found  it  expedient  to  turn 
it  back  again,  and  so  arrived  at  home  about  as  he  left, 
but  with  a shirt  rather  the  worse  for  wear.  This  was 
the  opposite  of  Chief  Justice  Black,  of  Pennsylvania, 
whose  wife,  it  has  been  reported,  when  she  examined 


JOHN  JOSEPH  CHETWOOD. 


461 


his  clothing  upon  his  return  from  a circuit,  found 
three  shirts  missing,  which  after  considerable  search 
were  found  all  safe  on  his  back. 

Mr.  Chetwood  was  elected  a member  of  Congress 
by  the  Jackson  party,  being  one  of  those  Federalists 
who  preferred  him  to  Adams.  Afterwards,  however, 
he  acted  with  the  Whigs.  He  accumulated  a very 
handsome  estate,  a considerable  part  of  which  I have 
understood  was  invested  in  New  York  insurance  com- 
pany stocks,  and  was  lost  by  the  great  fire  which 
occurred  in  1835,  leaving  him,  however,  a competent 
support.  He  had  retired  from  active  business  before 
I became  a judge. 

John  Joseph  Chetwood  was  a grandson  of  Judge 
Chetwood,  and  the  son  of  Dr.  John  Chetwood,  a physi- 
cian of  large  practice  who  died  of  the  cholera  in  1832, 
surviving  but  a few  hours  after  he  was  attacked. 
The  son  was  born  in  1800,  and  graduated  at  Prince- 
ton in  1818.  He  studied  law  with  his  uncle  William, 
was  licensed  as  an  attorney  in  1821,  as  a counselor  in 
1825,  and  was  called  as  a sergeant  at  law  in  1837. 
He  married  a granddaughter  of  General  Elias  Dayton, 
and  resided  at  Elizabethtown,  where  he  died  in  1861. 

He  was  a member  of  council,  and  surrogate  of  the 
County  of  Essex.  For  many  years  he  was  prosecutor 
of  the  pleas  of  Union  County,  and  an  active  business 
man,  highly  esteemed  in  and  out  of  his  profession, 
and  although  of  a generous  disposition,  successful,  as  I 
have  understood,  in  accumulating  property.  He  was 
a trustee  of  Burlington  College,  and  ready  to  second 
every  effort  in  aid  of  education.  In  social  intercourse 
I found  him  a genial  companion,  well  informed,  and 
well  deserving  the  popularity  he  evidently  enjoyed 
among  his  neighbors  and  friends. 


462 


REMINISCENCES  OF  NEW  JERSEY. 


Aaron  0.  Dayton  was  born  at  Elizabethtown  in 
1796,  and  was  the  son  of  Elias  B.  Dayton,  of  that 
place,  his  mother  being  a daughter  of  Dr.  Thomas  B. 
Chandler.  His  grandfather,  General  Elias  Dayton, 
was  a well  known  and  distinguished  officer  during  the 
War  of  the  Revolution.  Their  ancestor,  Ralph  Day- 
ton,  came  from  England  to  Boston,  and  thence  to  East 
Hampton,  Long  Island,  about  the  year  1650.  His  son 
Jonathan,  father  of  General  Elias  Dayton,  emigrated 
to  Elizabethtown  about  the  year  1720. 

Young  Aaron  Ogden  Dayton,  named  in  honor  of 
Governor  Aaron  Ogden,  after  the  usual  preparatory 
studies  in  the  grammar  school  at  his  native  place,  en- 
tered Princeton  College,  and  graduated  with  the  high- 
est honor  in  1813,  in  the  same  class  with  Governor 
Pennington.  After  the  usual  course  of  study  with 
Aaron  Ogden,  he  was  licensed  as  an  attorney  in  1817, 
and  as  a counselor  in  1821,  being  a little  more  than 
two  years  behind  me.  Directly  after  obtaining  his 
first  license,  he  went  out  to  Cincinnati  with  a view  to 
settle,  and  was  admitted  to  the  bar  there.  But  he 
soon  returned,  and  selected  Salem  as  his  place  of 
business.  During  his  residence  and  practice  here,  I 
became  well  acquainted  with  him,  meeting  him  in 
business  and  in  social  intercourse,  and  we  remained 
friends  to  the  end  of  his  life. 

In  1823  he  was  elected  a member  of  the  Assembly 
from  the  County  of  Salem,  in  opposition  to  the  regular 
democratic  ticket,  and  we  were  associated  and  gener- 
ally acted  together  in  the  legislature.  He  was  the 
youngest  member  of  the  house,  taking  an  active  and 
influential  part  in  all  the  proceedings.  The  next 
year  he  declined  being  a candidate,  but  entered 
heartily  into  the  contest  for  the  presidency  in  behalf 


AARON  0.  DAYTON. 


463 


of  General  Jackson.  He  was  a member  of  the  con- 
vention for  the  nomination  of  electors,  and  drafted 
the  address  which  aided  in  carrying  the  State  for 
their  candidate.  Just  before  the  election,  I was  much 
surprised  to  hear  General  Wall  say  Jackson  would 
carry  the  State,  and  did  not  believe  it  possible  ; but  I 
did  not  know,  as  he  did,  that  so  many  of  the  leading 
Federalists  were  prepared  to  advocate  him. 

In  1825  Mr.  Dayton  removed  to  Jersey  City,  and 
the  next  year  to  New  York,  proposing  to  engage  in 
his  profession  there.  But  he  was  soon  induced  to  en- 
ter the  political  arena,  and  in  1828  was  elected  by  the 
democratic  party,  as  the  Jacksonians  were  now  called, 
to  the  legislature,  by  a large  majority.  Afterwards  he 
was  appointed  a master  of  chancery  and  injunction 
master,  then  of  some  importance,  for  the  city  of  New 
York  and  Long  Island.  But  owing  to  the  increasing 
severity  of  a nervous  disease  which  culminated  in  his 
’death,  he  was  induced  to  abandon  the  law,  and  to  ac- 
cept a position  in  the  diplomatic  bureau  of  the  state 
department  at  Washington,  tendered  to  him  upon  the 
recommendation  of  General  Wall,  then  a senator. 

In  1836  he  was  appointed  chief  clerk  of  the  depart- 
ment of  state,  then  of  even  more  importance  than  now, 
and  for  which  he  was  well  fitted.  In  1838  he  was 
appointed  fourth  auditor  of  the  treasury,  charged  with 
the  settlement  of  the  navy  accounts,  and  remained  in 
that  office  through  all  the  varying  administrations  un- 
til his  death  in  1858.  He  occupied  that  position  dur- 
ing the  time  I was  a member  of  the  house  of  repre- 
sentatives, and  was  universally  regarded  as  one  of 
the  best  officers  of  the  government. 

He  represented  his  grandfather  in  the  New  Jersey 
Society  of  the  Cincinnati,  and  in  1835  delivered  a very 


464 


REMINISCENCES  OF  NEW  JERSEY. 


eloquent  eulogy  of  Lafayette,  before  that  body.  In 
1839  lie  delivered  the  address  before  the  societies  of 
Princeton  College.  These  were  both  productions  ex- 
hibiting a high  order  of  talent.  Had  his  health  per- 
mitted him  to  remain  at  the  bar,  there  can  be  no 
doubt  that  he  would  have  ranked  among  our  most 
respectable  advocates. 

During  my  early  professional  life,  when  I attended 
the  courts  at  Salem,  that  place  was  of  more  impor- 
tance than  Bridgeton.  The  county  was  richer,  and 
the  business  of  all  kinds  better  than  that  of  Cumber- 
land. Lawyers  from  Trenton  and  Woodbury  were 
constant  in  attendance,  and  well  employed.  But 
within  the  last  quarter  of  a century,  the  County  of 
Cumberland  has  gone  ahead  of  Salem  in  professional 
and  other  business,  and  in  population.  The  latter 
county,  within  my  memory,  had  no  lawyers  who  at- 
tained to  much  distinction. 

William  N.  Jeffers  was  too  important  a man  in 
West  Jersey,  for  many  years,  to  be  overlooked.  He 
was  born  in  the  State  of  New  York,  and  after  being 
admitted  to  the  bar  in  that  State,  as  I understood  from 
himself,  went  to  New  Orleans,  in  the  employ  of  John 
Jacob  Astor.  After  a short  stay  there,  he  went  to 
Cincinnati,  and  undertook  to  practice  as  a lawyer ; but 
soon  became  involved  in  some  transaction  which  occa- 
sioned an  indictment  to  be  found  against  him  in  the 
criminal  court  there,  for  the  forgery  or  falsification  of 
a bond.  He  was,  however,  permitted  to  put  in  bail 
of  a nominal  character,  and  to  leave  without  a trial. 

He  came  to  New  Jersey  about  the  year  1813,  and 
after  a short  residence  in  Mount  Holly,  where  he  se- 
cured the  friendship  and  patronage  of  Judge  Rossell, 


WILLIAM  N.  JEFFERS. 


465 


who  remained  his  warm  friend  as  long  as  he  lived,  he 
was  in  1814  examined  and  licensed  as  an  attorney  of 
this  State,  and  took  up  his  residence  in  Salem,  and  in 
1817  he  was  admitted  as  a counselor.  In  1831  he 
was  called  to  the  degree  of  sergeant.  He  was  never 
a well  read  lawyer,  but  had  some  remarkable  char- 
acteristics. He  was  a very  handsome  man,  and  dis- 
tinguished for  polite  manners  and  a winning  address. 
Soon  he  acquired  a large  and  lucrative  practice  as  a 
lawyer;  and  as  an  advocate  before  a court  of  common 
pleas  or  a jury,  was  a most  formidable  adversary ; and 
he  had  the  faculty  of  always  retaining  his  clients,  who 
seemed  never,  even  if  worsted,  to  attribute  blame  #to 
him. 

He  soon  engaged  in  politics,  taking  the  democratic 
side.  In  1827,  and  in  several  years  afterwards,  he  was 
elected  a member  of  the  Assembly,  and  in  1829  was  a 
candidate  in  the  caucus  of  the  Jackson  members  for 
the  situation  of  governor,  but  did  not  succeed  in  ob- 
taining the  nomination.  He  was  also  named  for  the 
senate  of  the  United  States,  and  at  one  time  con- 
fidently expected  to  succeed.  Salem  has  always  been 
a warmly  contested  county,  sometimes  on  the  one 
side  and  sometimes  on  the  other.  Mr.  Jeffers  was  one 
of  the  first  who  engaged  personally  in  canvassing  for 
votes,  now  so  common  as  to  occasion  no  surprise,  then 
considered  unbecoming.  He  was  accused,  too,  of  com- 
mencing the  free  use  of  money ; and  it  is  certain  that 
although  he  had  warm  personal  friends,  he  contrived 
to  excite  equally  violent  opponents.  He  had  much 
to  do  in  the  early  management  of  the  Salem  Bank, 
originally  chartered  in  connection  with  a steam  flour 
mill,  and  in  setting  up  a manufacturing  company  in 
the  name  and  under  the  direction  of  a brother,  being 


466 


REMINISCENCES  OF  NEW  JERSEY. 


accused  of  fraudulent  transactions  which  occasioned  a 
legislative  investigation. 

In  the  early  part  of  Jackson’s  administration,  he  was 
appointed  minister  to  one  of  the  South  American  re- 
publics, and  got  so  far  as  Mobile  on  his  way  to  the 
mission.  But  in  the  mean  time  some  of  those  persons 
whose  hostility  he  had  provoked,  procured  a copy 
of  the  old  indictment  against  him,  and  he  was  recalled 
before  he  left  the  country.  This  occasioned  him  to 
renounce  politics,  and  soon  he  removed  to  Camden, 
where  he  resided  and  was  actively  engaged  in  his 
profession,  holding  no  other  office  but  prosecutor  of 
the  pleas,  until  his  death  in  1853,  at  the  age  of  about 
sixty-five  years. 

Josiah  Harrison  was  born  in  Essex  County  in  the 
year  1776;  graduated  at  Princeton  in  1795;  was  li- 
censed as  an  attorney  in  1800,  and  as  a counselor  in 
1803.  After  teaching  a classical  school  for  a fewT  years 
at  Deerfield,  in  Cumberland  County,  he  settled  as  a 
lawyer  in  Salem,  where  he  married  a lady  of  great 
respectability  and  worth. 

He  was  a man  of  small  stature,  and  by  no  means 
strong  in  mind,  but  had  a respectable  business  as  a 
conveyancer  and  attorney.  The  most  remarkable  cir- 
cumstance in  his  life  was  his  connection  with  the  will 
of  John  Sinnickson,  a citizen  of  Salem,  who  died 
without  descendants,  leaving  a large  property,  consist- 
ing principally  of  real  estate,  about  the  year  1815, 
whose  will  he  drew  and  witnessed.  The  contest  about 
this  will  lasted  several  years,  was  of  a very  exciting 
character,  and  divided  the  society  of  Salem  into  two 
very  hostile  parties,  making  breaches  in  very  respect- 
able families  which  are  hardly  healed  to  this  day.  The 


JOSIAH  HARRISON. 


467 


principal  opponent  of  the  will  was  Dr.  Rowan,  who 
married  a niece.  Mrs.  Harrison  was  also  a niece,  and 
there  were  several  other  nephews  and  nieces. 

Probate  of  the  will  was  refused  by  the  orphans’ 
court,  and  upon  an  appeal  to  Governor  Mahlon  Dick- 
erson, as  judge  of  the  prerogative  court,  he  affirmed 
this  decree.  Besides  Mr.  Jeffers  and  Joseph  M’llvaine, 
who  were  counsel  adverse  to  the  probate,  and  Charles 
Ewing  and  Richard  Stockton,  counsel  for  Harrison, 
Joseph  R.  Ingersoll  and  Alexander  J.  Dallas  (father 
of  vice-president  George  M.  Dallas)  were  employed, 
and  received  large  fees.  The  last  case  in  which  Mr. 
Dallas  spoke  was  this,  he  having  been  taken  ill  in 
Trenton,  and  living  only  a short  time  after  he  reached 
his  home  in  Philadelphia. 

Mr.  Harrison  then  removed  his  residence  to  Phil- 
adelphia, and  filed  a bill  in  the  circuit  court  of  the 
United  States  for  the  establishment  of  the  trusts  in 
the  will.  An  issue  of  will  or  no  will  being  ordered, 
the  case  was  brought  on  before  Judge  Washington 
and  a very  intelligent  and  select  jury,  who,  after  a 
protracted  trial,  rendered  a verdict  establishing  the 
will.  The  case  is  reported  in  3 Wash.  C.  C.  R.  p. 
580,  Harrison  vs.  Rowan.  The  opinion  of  Judge 
Washington,  especially  in  reference  to  the  question 
of  testamentary  capacity,  has  been  more  quoted  and 
relied  on,  even  in  England,  than  any  other  with  which 
I am  acquainted.  A motion  for  a new  trial  being  made, 
and  argued  by  Ewing  and  Stockton  for  Harrison,  and 
J.  R.  Ingersoll  and  Southard  for  Rowan,  was  decided 
in  1820;  4 W.  C.  C.  R.  32.  Judge  Washington  de- 
clared himself  perfectly  satisfied  with  the  verdict ; 
but  as  Judge  Pennington,  who  sat  with  him,  was  not 
entirely  satisfied,  a new  trial  was  ordered.  The 


468 


REMINISCENCES  OF  NEW  JERSEY. 


parties  then  compromised,  and  allowed  a decree  to  be 
entered  establishing  the  will,  releases  and  other  pa- 
pers being  executed  by  the  heirs  and  devisees.  A 
life  estate  was  thus  settled  on  Dr.  Rowan,  who  lived 
to  extreme  old  age,  and  died  only  about  two  years 
since. 

After  this  trial,  Mr.  Harrison,  whose  wife  had  in  the 
mean  time  died,  resided  several  years  in  Camden,  and 
carried  on  business  as  a printer.  During  this  time 
he  was  reporter  of  the  supreme  court.  He  removed 
to  Salem,  and  died  there  in  the  year  1865,  at  the  ad- 
vanced age  of  eighty-nine  years. 

Alphonso  L.  Eakin  was  a lawyer  in  Salem  about 
forty-five  years,  who  was  distinguished  only  as  being 
one  of  the  most  careful  and  accurate  attorneys  in  the 
State  ; and  who  by  steady  industry,  careful  collection 
of  costs,  and  the  art  of  compounding  interest,  accu- 
mulated a large  fortune.  He  died  in  1867. 

Francis  L.  Macculloch  was  the  son  of  George  Mac- 
culloch,  of  Morristown,  who  was  a Scotchman,  and  was 
born  in  1801,  before  his  parents  arrived  in  America. 
He  was  licensed  as  an  attorney  in  1823,  and  in  1826 
as  a counselor.  He  settled  in  Salem,  and  resided  there 
till  his  death  in  1859.  He  was  a very  fair  lawyer,  but 
confined  his  business  almost  entirely  to  the  County  of 
Salem,  and  such  cases  originating  there  as  required 
to  be  decided  in  the  courts  at  Trenton.  He  was  an 
efficient  prosecutor  of  the  pleas  two  or  three  terms, 
and  was  justly  considered  a safe  and  reliable  counselor, 
and  of  undoubted  integrity.  His  business  was  very 
respectable ; and  besides  affording  him  a handsome 
competence,  enabled  him  to  leave  a sufficient  support 


RICHARD  P.  THOMPSON. 


469 


to  an  only  daughter,  who,  however,  did  not  survive 
Him  many  years. 

Richard  P.  Thompson  was  born  in  Salem  in  the 
year  1805.  He  studied  law  with  William  N.  Jeffers, 
and  was  licensed  as  an  attorney  in  1825,  and  as  a 

counselor  in  1828.  He  resided  in  Salem  until  his 
death  in  1859. 

Although  never  entitled  to  rank  as  a well  instructed 
awyer,  Mr.  Thompson  was,  within  the  sphere  of  his 
legal  knowledge,  a very  adroit  and  respectable  advo- 
cate. Ilis  expertness  in  the  trial  of  causes  and  in  the 
transaction  of  business  was  very  great,  and  for  several 
years  his  practice  was  large  and  lucrative.  He  pros- 
ecuted the  pleas  of  the  State  for  several  years  with 
great  success.  While  holding  this  latter  office,  he  was 
I'PPy1^'1  Governor  Haines  attorney-general  of 
e State,  to  fill  the  vacancy  occasioned  by  the  death 
of  Attorney-general  Molleson.  When  this  tempo- 
ral j,  office  expired,  he  resumed  the  duties  of  prosecu- 
tor, and  was  met  by  a writ  of  quo  warranto  sued  out  by 
the  late  Judge  Clawson.  The  supreme  court  decided 
that  by  the  acceptance  of  the  office  of  attorney-gen- 
eml,  the  office  of  prosecutor  was  vacated,  the  two 
offices  being  incompatible.  Although  as  his  counsel 
1 was  dissatisfied  with  this ‘decision,  on  the  ground 
that  admitting  the  two  offices  to  be  incompatible,  it 
was  the  office  of  attorney-general  that  could  not  be 
ega  y ield,  it  was  not  thought  advisable  to  carry 
the  case  into  the  court  of  errors,  Mr.  Clawson  bavin- 
relinquished  all  claim  to  the  fees  received  as  pro.C- 

In  1852  he  was  appointed  by  Governor  Fort  at- 
torney-general; and  being  confirmed  by  the  senate, 


470 


REMINISCENCES  OF  NEW  JERSEY. 


held  the  office  the  full  term.  He  succeeded,  too,  in 
inducing  the  legislature,  by  the  act  passed  in  1854, 
to  place  the  office  upon  its  present  respectable  foot- 
ing, relieving  the  attorney-general  from  the  necessity 
of  taking  upon  himself  the  ordinary  prosecution  of 
criminals,  giving  him  a respectable  salary,  and  extra 
compensation  for  his  aid  in  all  extraordinary  cases. 

On  the  last  day  of  the  year  1852,  he  carried  through 
the  prosecution  of  Treadway  for  the  murder  of  his 
wife  in  a manner  that  strikingly  contrasts  with  many 
modern  cases  of  this  kind,  and  therefore  deserves 
special  mention.  The  case  was  well  tried  on  both 
sides.  The  court  of  oyer  and  terminer  of  the  County 
of  Salem,  for  this  trial,  was  opened  at  nine  o’clock 
in  the  forenoon  ; thirty  witnesses  were  examined,  the 
case  was  ably  summed  up  on  both  sides,  Mr.  Mac- 
eulloch  being  the  counsel  for  the  defendant;  the  jury 
retired  at  ten  o’clock  in  the  evening,  and  at  eleven 
returned  with  a verdict  of  guilty  of  murder  in  the 
first  degree.  The  criminal  afterwards  confessed  his 
guilt,  and  was  executed. 

Although  the  evidence  was  circumstantial,  it  was 
entirely  satisfactory.  The  defendant,  several  days 
before  he  committed  the  crime,  had  been  heard  to 
threaten  it ; he  was  shown  to  have  had  a gun,  and 
to  have  purchased  powder  and  buckshot  in  the  morn- 
ing, the  shot  precisely  of  the  kind  extracted  from 
the  body  of  his  victim  ; he  was  shown  to  have  been 
seen,  late  in  the  afternoon,  with  his  gun  in  the  neigh- 
borhood of  the  house  where  his  wife  was.  She  stood 
near  a window,  in  the  evening,  employed  at  a table 
on  which  there  was  a lamp,  when  she  was  shot  through 
the  window,  several  buckshot  penetrating  her  body 
and  heart,  so  that  she  ran  into  an  adjoining  room,  fell 


RICHARD  P.  THOMPSON. 


471 


down,  and  immediately  died.  The  place  where  the 
person  who  shot  her  stood  was  easily  determined,  and 
upon  being  examined  the  next  morning,  a slight  rain 
having  fallen  during  the  night,  the  paper  wadding  of 
the  gun  was  found  discolored,  but  whole,  and  this 
upon  being  pressed  smooth,  exactly  fitted  the  torn 
part  of  a newspaper  found  in  the  criminal’s  pocket. 
The  attorney-general  had  made  himself  fully  ac- 
quainted with  all  the  circumstances  of  the  case,  and 
had  arranged  the  evidence  so  that  each  witness  testi- 
fied to  the  material  facts  known  to  him,  and  nothing 
else.  No  case  ever  tried  before  me,  during  an  expe- 
rience on  the  bench  of  fifteen  years,  was  better  con- 
ducted, or  more  satisfactory  in  the  result. 

An  action  involving  the  title  of  a tract  of  land  sit- 
uate in  the  County  of  Atlantic,  was  tried  before  me, 
which  I take  this  opportunity  of  mentioning,  because 
the  value  of  genealogical  inquiries  was  shown  in  a 
very  remarkable  manner.  Mr.  Robeson,  now  secre- 
tary of  the  navy,  and  Mr.  Voorhees  of  Camden,  were 
counsel  for  the  plaintiff,  and  Mr.  Bradley,  now  one  of 
the  justices  of  the  supreme  court  of  the  United  States, 
and  Mr.  Browning  of  Camden,  were  for  the  defendant. 
The  case  was  contested  with  great  zeal  and  ability  on 
both  sides,  and  lasted  ten  days,  resulting  in  a verdict 
for  the  defendant. 

The  plaintiff  claimed  under  an  original  survey  made 
by  one  Thomas  Wanton  in  the  year  1750.  In  support 
of  his  title  a very  handsome  parchment  deed  was  pro- 
duced, which  purported  to  have  been  made  by  one 
Thomas,  Wanton  in  1832,  described  as  sole  heir  at  law 
of  the  original  Thomas  Wanton  deceased,  and  was  cer- 
tified to  have  been  acknowledged  before  a commis- 
sioner at  Jersey  City.  The  commissioner  was  dead, 
but  it  was  admitted  that  his  signature  was  genuine. 


472 


REMINISCENCES  OF  NEW  JERSEY. 


This  deed  was  attacked  on  behalf  of  the  defendant 
as  a forgery,  or  at  any  rate,  executed  by  a fictitious 
personage.  A Mr.  Gould,  of  Hudson  County,  New 
York,  a gentleman  of  great  intelligence  and  respect- 
ability, was  produced,  who  testified  that  he  was  a de- 
scendant of  the  original  Thomas  Wanton,  and  having 
a daughter  named  Mary  Wanton  Gould,  about  to  be 
married,  he  had  without  any  knowledge  of  or  refer- 
ence to  the  property  in  New  Jersey,  made  a thorough 
investigation  of  the  genealogy  of  the  Wanton  family, 
who  were  at  one  time  quite  distinguished  in  Rhode 
Island,  where  it  appeared  the  original  owner  of  the 
land  lived  at  the  time  he  had  the  survey  made.  He 
had  been  able  very  satisfactorily  to  trace  every  branch 
of  the  family  down  to  the  living  descendants,  and  fully 
disclosed  the  sources  of  his  information,  thus  proving 
as  completely  as  it  seemed  possible  in  any  case  to  es- 
tablish a negative,  that  no  such  man  as  was  described 
to  be  the  maker  of  the  deed  of  1832  ever  existed. 
His  testimony  was  corroborated  by  another  member 
of  the  same  family,  and  the  plaintiff  being  unable  to 
produce  the  slightest  evidence  in  support  of  the  deed, 
the  jury  had  no  hesitation  in  rejecting  it  as  spurious. 
Indeed  it  afterwards  appeared  that  the  plaintiff  had 
been  himself  imposed  on,  having  no  suspicion  of  the 
genuineness  of  the  deed  until  the  disclosure  of  the 
trial  showed  its  true  character. 

Asa  Whitehead,  of  Newark,  was  licensed  as  an  attor- 
ney in  1818,  as  a counselor  in  1821,  and  was  one 
of  those  called  to  the  degree  of  sergeant  at  law  in 
1837,  after  which  time  this  degree  ceased  to  be  con- 
ferred. He  was  the  son  of  Silas  Whitehead,  who  was 
appointed  in  1817  clerk  of  the  County  of  Essex,  but 


ASA  WHITEHEAD. 


473 


who  died  the  next  year.  The  son  was  commis- 
sioned by  the  governor  to  fill  the  vacancy,  and  at  the 
meeting  of  the  legislature  in  1819  he  was  regularly 
appointed  his  successor.  Being  reappointed  in  1824, 
he  held  this  office  ten  years.  Connected  with  the 
Pennington  family  by  marriage,  his  politics  were  like 
theirs,  democratic,  until  the  contest  between  Adams 
and  Jackson,  after  which  he  became  a Whig,  and  con- 
tinued an  active  and  influential  supporter  of  that 
party  as  long  as  it  existed. 

His  office  of  clerk  expiring  in  1819,  when  the 
Jackson  party  were  largely  in  the  majority  and  polit- 
ical feeling  was  very  strong,  he  failed  to  be  reelected 
at  the  moment,  very  much  to  his  regret.  But  I re- 
member hearing  Chief  Justice  Ewing  remark  at  the 
time  that  it  would  prove  a great  benefit  to  him,  for 
the  reason  that  although  he  did  not  seem  himself  to 
be  aware  of  it,  he  had  the  ability  to  make  a first  class 
lawyer,  and  now  he  would  be  obliged  to  rely  upon  his 
profession.  The  opinion  thus  expressed  proved  to  be 
entirely  correct.  It  was  not  long  before  Mr.  White- 
head  took  rank  as  a safe  counselor  and  an  able  advo- 
cate, so  that  during  the  last  twenty  years  of  his  life  he 
stood,  if  not  at  the  head  of  the  profession  in  the 
northern  part  of  the  State,  yet  among  those  relied 
upon  in  all  important  cases. 

In  the  years  1833  and  1834  he  was  a member  of 
the  Assembly,  and  in  the  year  1848,  after  the  adoption 
of  the  new  constitution,  he  was  chosen  a member  of 
the  state  senate  for  three  years.  Of  unimpeached  in- 
tegrity, and  thoroughly  imbued  with  the  conservative 
spirit  of  the  old  school  politicians,  he  exercised  a salu- 
tary influence  in  legislation,  and  was  active  in  pro- 
moting the  success  of  the  Whig  party.  He  was  the 


474 


REMINISCENCES  OF  NEW  JERSEY. 


leading  member  of  the  delegates  from  this  State  to 
the  Whig  Convention  of  1840,  and  united  with  them 
in  voting  for  General  Scott,  as  I have  heard  him  say, 
without  even  consulting  Mr.  Southard,  upon  whom 
Mr.  Clay  laid  the  blame  of  their  not  voting  for  him, 
as  he  expected.  Although  he  did  not  favor  the  selec- 
tion of  General  Harrison  as  the  Whig  candidate  for  the 
presidency,  partly  as  I have  reason  to  believe  because 
he  knew  his  physical  and  mental  strength  had  begun 
to  wane,  he  cordially  supported  him  at  the  election, 
and  aided  materially  in  giving  him  the  vote  of  this 
State.  He  died  universally  lamented  in  the  spring  of 
1860. 

Joseph  W.  Scott,  who  had  long  stood  at  the  head  of 
the  list  of  counselors,  but  who  had  for  many  years 
ceased  to  appear  among  us  at  the  bar  of  the  court, 
ended  his  mortal  career  at  the  great  age  of  nearly 
ninety-three  years,  as  I was  about  to  commit  these 
reminiscences  to  the  press. 

Colonel  Scott,  as  he  was  usually  called,  deriving  his 
title  from  an  appointment  years  ago  as  one  of  the 
staff  of  the  governor  of  this  State,  was  a remarkable 
man.  Although,  perhaps  in  consequence  of  a certain 
instability  of  character,  which  caused  him  often  to 
disappoint  the  expectations  of  his  friends,  he  never 
attained  to  that  distinction  which  his  talents  and 
acquirements  seemed  to  promise,  he  was  a learned 
lawyer  and  a brilliant  advocate.  During  the  last  fif- 
teen or  twenty  years  he  has  been  but  little  known, 
except  as  president  of  the  Society  of  the  Cincinnati, 
at  whose  meetings  and  dinners  on  the  Fourth  of  July, 
he  never  failed  to  appear,  and  where  he  continued 
to  preside  with  a grace  and  dignity  which  were  con- 


JOSEPH  W.  SCOTT. 


475 


spicuous  even  in  his  extreme  old  age.  The  reverence 
with  which  he  was  accustomed  to  announce  the 
never  omitted  toast,  “ To  the  memory  of  Washington/' 
always  received  by  the  society  standing  and  in  si- 
lence, and  the  heartfelt  eloquence  with  which  year 
after  year  he  was  accustomed  to  introduce  it,  will  not 
soon  be  forgotten  by  those  whose  privilege  it  was  to 
be  associated  with  him  on  these  occasions.  He  well 
remembered,  and  often  told  how,  when  a little  boy, 
playing  in  front  of  his  father’s  house,  a gentleman 
called  and  asked  him. 

“ Is  Dr.  Scott  at  home  ? ” 

“No,  sir!” 

“Mrs  Scott?” 

“ Yes,  sir. ! ” 

“ Please  go  in  and  tell  your  mother  that  General 
Washington  would  like  to  see  her.” 

The  boy,  as  he  said,  gazed  at  him  eagerly,  much 
impressed  with  the  idea  that  he  was  only  a man  and 
much  like  other  men  of  imposing  presence  ! 

He  was  the  grandson  of  John  Scott,  who  came  to 
this  country  from  Scotland  at  an  early  period,  and  was 
an  elder  in  the  old  Neshaminy  Presbyterian  Church, 
in  Bucks  County,  Pennsylvania.  His  father,  Dr.  Moses 
Scott,  removed  from  the  paternal  residence  to  New 
Brunswick  before  the  War  of  the  Revolution,  and  was 
in  full  practice  there  many  years  as  a physician,  living 
until  near  the  age  of  eighty-three.  He  was  a rigid 
Scotch  Presbyterian  elder,  and  a most  devoted  Chris- 
tian, who  trained  his  son,  a great  favorite,  by  religious 
precepts  and  a virtuous  example,  for  duty  and  useful- 
ness, enjoining  upon  him,  when  he  commenced  his 
profession,  “ My  son,  however  busy,  never  turn  a deaf 
ear  to  the  widow  and  the  orphan  ;”  and  this  injunc- 
tion was  not  forgotten,  if  others  were. 


476 


REMINISCENCES  OF  NEW  JERSEY. 


Dr.  Scott  was  in  the  battles  at  Princeton  and 
Brandywine,  and  by  virtue  of  a special  act  of  Congress 
became  the  senior  physician  and  surgeon  of  the  gen- 
eral hospital  in  the 'middle  district,  and  was  long 
connected  with  and  an  intimate  friend  of  General 
Washington.  He  was  also  a personal  friend  of  Gen- 
eral Joseph  Warren,  after  whom  he  named  his  eldest 
son.  This  son  dying  in  infancy,  he  continued  the 
name  to  his  second  son,  the  subject  of  this  notice, 
who  was  born  November  28th,  1778. 

After  the  usual  preliminary  education  in  the 
schools  at  the  place  of  his  birth  and  at  Elizabethtown, 
he  was  sent  to  Princeton,  and  graduated  there  in 
1795,  before  he  had  attained  the  age  of  seventeen 
years.  He  was  a student  under  the  presidency  of  Dr. 
Witherspoon,  and  in  1868  attended  the  inauguration 
of  Dr.  M’Cosh,  thus  with  his  associate,  Judge  Herring, 
then  the  two  oldest  living  graduates  of  Nassau  Hall, 
the  links  between  two  distinguished  men  invited  from 
Scotland  to  preside  over  this  institution.  On  this  oc- 
casion he  received  the  honorary  distinction  of  LL.  D. 

For  a short  time  he  studied  medicine  with  his 
father,  and  then  entered  upon  a course  of  study  in 
theology ; but  soon  he  abandoned  the  design  of  being 
either  a physician  or  a minister,  and  determined  to 
become  a lawyer.  He  studied  law  with  General  Fre- 
linghuysen,  was  admitted  to  the  bar  as  an  attorney  in 
1801,  as  a counselor  in  1804,  and  was  made  a sergeant 
at  law  in  1816.  He  married  soon  after  he  was  li- 
censed as  a counselor,  and  settled  in  New  Brunswick, 
and  had  a large  practice.  He  was  several  times  voted 
for  as  attorney -general  of  the  State  and  as  judge  of 
the  supreme  court,  but  1 think  never  held  any  office 
but  that  of  presidential  elector  in  1824  (when  he 


JOSEPH  W.  SCOTT. 


477 


voted  for  General  Jackson,)  and  prosecutor  of  the 
pleas  of  the  State  for  the  county  of  Middlesex.  He 
was  profoundly  learned  in  the  law,  and  apt  at  tracing 
principles  to  their  source;  had  a wonderfully  retentive 
memory,  and  was  sometimes  truly  eloquent.  The 
last  time  he  appeared  in  court  was  as  counsel  for 
Donnelly  (2  Dutch.  463),  on  his  trial  for  murder  in 
1857,  when  he  was  nearly  eighty  years  old,  and  his 
argument  against  the  validity  of  the  indictment,  which 
I heard,  wras  creditable  to  his  learning  and  ability, 
especially  when  it  was  remembered  that  he  had  prac- 
tically given  up  his  profession  nearly  twenty  years. 
It  is  stated  by  the  Rev.  Mr,  Jewett,  in  the  address 
delivered  at  his  funeral,  in  May,  1871,  I have  no 
doubt  correctly : — 

“ He  was  an  accomplished  scholar,  well  versed  in  the  Latin  clas- 
sics, and  accustomed  frequently  to  correspond  with  his  friends  in 
the  Latin  language,  even  to  the  last  year  of  his  life.  With  the 
Westminster  Catechism  in  Latin,  as  well  as  English,  he  was  familiar  ; 
to  him  it  seemed  the  work  of  logical  and  master  minds,  the  ablest 
uninspired  work  ever  written.  His  Latin  Bible  was  always  by  his 
side,  his  daily  companion.  He  loved  it ; in  my  pastoral  visits  with 
him  it  was  almost  always  in  his  hand  and  ready  for  reading  or  refer- 
ence. He  was  a fine  belles-lettres  scholar,  and  had  ‘the  pen  of  a 
ready  writer.’  He  was  well  versed  in  English  literature,  and  familiar 
with  the  old  poets. 

“We  stand  to  day  by  the  side  of  one  who  looked  upon  and  was 
familiar  with  the  forms  of  generals,  statesmen,  and  theologians,  men 
whose  names  are  sacred  to  America  and  the  world.  We  stand  by 
the  coffin  of  one  who  served  in  the  War  of  1812 ; of  one  who  stood 
by  the  bedside  of  the  dying  Hamilton  (that  brightest  intellectual 
star  in  the  galaxy  of  patriots)  ; of  one  who  heard,  amongst  divines, 
men  great  in  the  history  of  the  American  Church,  — Witherspoon, 
Samuel  Stanhope  Smith,  John  M.  Mason,  Livingston,  and  Bishop 
Hobart.  Not  a few  of  the  great  men  of  the  church  and  in  the 
state  were  his  warm  personal  friends.  So  attached  to  him  was 
Dr.  John  M.  Mason,  that  ‘ prince  of  preachers,’  that,  when  shattered 


478 


REMINISCENCES  OF  NEW  JERSEY. 


in  health  and  broken  in  intellect,  he  wandered  away  from  home, 
his  son  came  in  search  of  him  to  this  city,  and  found  him  at  the 
residence  of  Colonel  Scott.” 

Joseph  Warren  Scott  was  received  as  a member  of 
the  New  Jersey  Society  of  the  Cincinnati,  as  the  rep- 
resentative of  his  father,  Surgeon  Moses  Scott,  in 
1825.  In  1832  he  was  chosen  assistant-treasurer  of 
the  general  society,  and  in  1838  the  treasurer-general. 
In  1840  he  became  the  vice-president  of  the  state  so- 
ciety, and  from  1844  until  his  death  was  the  president. 

A letter  from  Hamilton  Fish,  president-general  of 
of  the  Cincinnati,  to  Colonel  Alexander  Hamilton, 
upon  receiving  information  of  his  death,  notices  very 
appropriately  a conspicuous  trait  of  Colonel  Scott’s 
character : — 

“ Your  telegram  announces  the  death  of  one  who,  full  of  years, 
closes  a life  of  much  activity  and  marked  ability.  Genial  and 
bright  in  intellect,  fourscore  and  ten  years  had  not,  when  last  I met 
him,  quenched  the  ardor  of  his  warm  and  impulsive  nature ; and  I 
shall  ever  remember  Colonel  Warren  Scott  as  one  of  the  most  at- 
tractive talkers  and  agreeable  companions  whom  it  has  been  my 
fortune  to  meet.” 


Having  now  reached  the  close  of  these  reminis- 
cences of  a protracted  life,  I must  be  permitted  to  re- 
mind those  who  shall  read  them,  whether  they  have 
only  commenced  the  voyage  of  life  buoyant  with 
youthful  hopes,  or  may  be  still  absorbed  by  the  en- 
grossing cares  of  active  business,  or  have  passed  the 
meridian  of  their  days,  that  several  of  those  I have 
commemorated  died  even  before  they  had  attained 
the  full  maturity  of  their  powers,  while  others  were 
spared  beyond  the  allotted  three  score  years  and  ten  ; 
and  many  of  them 


CONCLUSION. 


4T9 


“ Once  trod  the  paths  of  glory, 

And  sounded  the  depths  and  shoals  of  honor ; ” 

but  of  each  one,  with  only  two  exceptions,  it  has  been 
recorded,  He  died  ; and  of  every  one  whom  I now  ad- 
dress, it  will  be  said  at  an  unexpected  hour,  He  has 
departed  this  life. 

“ O listen,  man  ! 

A voice  within  us  speaks  the  startling  word, 
i Man  thou  shalt  never  die  ! * Celestial  voices, 

Hymn  it  round  our  souls  ; according  harps, 

By  angel  fingers  touched,  when  the  mild  stars 
Of  morning  sang  together,  sound  forth  still 
The  song  of  our  great  immortality ; 

Thick  clustering  orbs,  and  this  our  fair  domain, 

The  tall  dark  mountains  and  the  deep-toned  seas. 

Join  in  this  solemn  universal  song. 

“ O listen  ye,  our  spirits  ; drink  it  in 
From  all  the  air  ! ’Tis  in  the  gentle  moonlight ; 

Is  floating  in  day’s  setting  glories  ; Night, 

Wrapped  in  her  sable  robe,  with  silent  step 
Comes  to  our  bed,  and  breathes  it  in  our  ears  ; 

Night  and  the  dawn,  bright  day  and  thoughtful  eve, 

All  time,  all  bounds,  the  limitless  expanse, 

As  one  great  mystic  instrument,  are  touched 
By  an  unseen  living  hand,  and  conscious  chords 
Quiver  with  joy  in  this  great  jubilee  ; 

The  dying  hear  it,  and  as  sounds  of  earth 
Grow  dull  and  distant,  wake  their  passing  souls 
To  mingle  in  this  heavenly  harmony.” 


APPENDIX. 


TITLES  TO  LAJSTD. 


ITLES  to  land  in  New  Jersey  are  derived  from  the  English 


crown.  It  is  a principle  of  law,  recognized  by  all  the  Eu- 
ropean governments,  that  an  uninhabited  country,  or  a country 
inhabited  only  by  savages,  of  which  possession  is  taken  under  the 
authority  of  an  existing  government,  becomes  the  property  of  the 
nation  taking  the  possession.  According  to  the  theory  of  the 
British  constitution,  all  vacant  lands  are  vested  in  the  crown,  as  rep- 
resenting the  nation  ; and  the  exclusive  power  to  grant  them  resides 
in  the  sovereign,  as  a branch  of  the  royal  prerogative.  The  Indian 
title  to  the  land  in  America  was  to  some  extent  recognized,  but  the 
government,  here  and  in  England,  has  always  asserted  the  exclusive 
right  to  extinguish  that  title,  and  to  give  a valid  title  to  settlers  by 
its  own  grant  of  the  soil.  8 Wheat.  R.  543. 

Individuals  were  forbidden  to  purchase  land  from  the  Indians, 
without  the  consent  of  the  English  proprietors,  at  an  early  date, 
both  in  East  and  West  Jersey,  and  after  the  surrender  of  the  gov- 
ernment to  the  crown.  Deeds  from  Indian  claimants  are  held  by 
some  of  the  present  owners  in  both  divisions  of  the  State  ; but 
unless  patents  or  surveys  were  also  obtained,  the  legal  title  to  the 
premises  rests  upon  possession,  and  not  upon  the  deeds.  The  gen- 
eral proprietors  were  careful  to  purchase  the  land  of  the  Indians,  and 
except  in  those  cases  in  East  Jersey  where  grants  were  made  sub- 
ject to  an  extinguishment  of  the  Indian  title,  they  refused  to  allow 
grants  or  surveys  until  this  was  done.  Every  foot  of  the  soil  claimed 
by  the  original  inhabitants  of  this  State,  has  been  obtained  from 
them  by  a fair  and  voluntary  purchase  and  transfer. 

Without  going  into  a full  detail  of  the  several  conveyances  and1 
releases  contained  at  length  in  Learning  and  Spicer’s  “ Grants  and 
Concessions,”  commencing  with  the  grant  from  King  Charles  IL  to 


31 


482 


APPENDIX. 


his  brother,  the  Duke  of  York,  in  I 663,  it  may  be  stated  that  the 
title  having  been  vested  in  Carteret,  Penn,  Lawry,  Lucas,  and 
Byllinge,  these  five  persons  executed  what  is  known  as  the  Quin- 
tipartite  deed  in  1676,  whereby  the  eastern  half  of  the  province 
was  conveyed  in  severalty  to  Carteret,  and  the  western  half  to  the 
other  four. 

After  the  division,  East  Jersey  was  conveyed  to  twenty-four  pro- 
prietors ; and  West  Jersey  was  sold  in  hundredths.  Fenwick,  to 
whom  a conveyance  had  been  made  in  trust  for  Byllinge,  and  who 
himself  executed  a long  lease  to  Eldridge  and  Warner,  was  recog- 
nized as  entitled  to  ten  hundredths,  and  other  persons  became  pro- 
prietors of  ninety  hundredths ; so  that  a full  proprietary  right  in 
East  Jersey  is  a twenty-fourth  part  of  that  province,  and  in  West 
Jersey,  it  is  a hundredth  part. 

The  original  grants  were  considered  by  the  proprietors  as  convey- 
ing a right  of  government  as  well  as  the  soil,  and  they  instituted 
separate  governments  ; but  in  1702  joined  in  surrendering  that 
right  to  the  crown.  The  title  to  the  soil  was  not  surrendered,  and 
continues  to  be  derived  through  the  original  proprietors,  by  regular 
descent  or  purchase,  to  the  present  day. 

Much  difficulty  was  experienced  in  settling  the  division  line,  and 
indeed  it  cannot  be  said  that  the  dispute  is  even  now  at  an  end.  It 
was  held  in  the  case  of  Cornelius  vs.  Giberson,  1 Dutch.  1,  that  the 
line  run  in  1743,  called  Lawrence’s  line,  running  from  the  mouth  of 
Little  Egg  Harbor  River  to  the  River  Delaware,  at  the  latitude  of 
41°  401,  is  the  true  line. 

At  the  commencement  of  the  settlement  of  East  Jersey,  land 
was  given  to  settlers,  masters  and  servants,  males  and  females,  in 
designated  quantities,  according  to  the  number  of  each,  subject  to 
an  annual  quit-rent,  and  the  extinction  of  the  Indian  title.  The 
lands  thus  granted  were  called  “ head  lands,”  and  included  very 
considerable  quantities,  this  being  the  usual  tenure  until  1 685,  and, 
in  some  few  cases,  still  later.  A warrant,  signed  by  the  governor 
and  major  part  of  the  council,  was  directed  to  the  surveyor-general, 
who  made  his  return  of  the  survey,  and  both  were  recorded  by 
the  register.  A patent  was  thereupon  issued,  under  the  great  seal 
of  the  province,  which  was  signed  by  the  governor  and  council,  and 
duly  recorded.  It  would  seem,  also,  that  patents  were  issued  by 
the  governor  and  council  to  cover  lands  claimed  under  the  Dutch 
government,  and  for  other  special  reasons. 

Shortly  after  their  purchase,  several  of  the  twenty-four  pro- 


APPENDIX. 


483 


prietors  sold  undivided  shares  of  their  several  proprietaries  to 
others,  some  of  whom  came  into  the  province.  It  then  became 
necessary  to  provide  for  dividing  the  lands  remaining  in  common, 
among  themselves,  in  proportion  to  their  rights.  A written  instru- 
ment was  accordingly  signed  in  1 684,  establishing  a council  of  pro- 
prietors, which  was  slightly  modified  in  1725.  This  council  con- 
sists of  at  least  ten  members,  owning  or  holding  proxies  for  eight 
full  shares,  each  full  proprietor  having  one  vote,  but  no  one  more 
than  twelve.  It  continues  to  meet  at  Perth  Amboy,  and  has  the 
general  management  of  the  proprietary  interest,  the  appointing  of 
dividends  to  the  particular  proprietors,  the  examination  of  the  re- 
spective rights,  and  granting  warrants  of  survey  to  their  surveyor- 
general,  thus  appropriating  to  each  owner  his  due  quantity  of  acres. 

Patents  continued  to  be  issued  until  the  surrender  as  before,  ex- 
cept that  in  patents  to  proprietors  no  quit-rents  were  reserved. 
After  the  surrender  of  the  government,  whereby  the  governor 
ceased  to  be  an  officer  of  the  proprietors,  and  they  had  no  longer 
the  control  of  the  great  seal,  patents  ceased.  Such  as  were  granted 
are  on  record  in  the  books  pertaining  to  the  government  of  East 
Jersey,  now  in  the  secretary  of  state’s  office  at  Trenton,  and  also  in 
the  land  office  at  Amboy.  No  patents  were  issued  in  West  Jersey* 

The  first  dividend  to  each  full  proprietor  of  East  Jersey  was  of 
ten  thousand  acres  ; persons  holding  shares  or  fractions  of  a share, 
or  a conveyance  from  a shareholder  or  his  grantees  of  a specified 
number  of  acres,  having  a right  to  locate  such  number  of  acres  as 
they  thought  proper,  not  exceeding  their  due  share  of  the  dividend, 
wherever  they  could  find  land  not  before  appropriated,  and  of  such 
dimensions  as  interest  or  caprice  might  dictate.  A register  being 
kept  of  all  titles  to  unappropriated  land  exhibited  to  procure  a 
warrant  of  survey,  it  could  thus  be  ascertained  what  land  was  sur- 
veyed to  claimants  under  each  proprietary  share.  Additional  divi- 
dends have  from  time  to  time  been  declared,  amounting  in  all  to 
fourteen,  and  covering  in  all  (including  the  “ pine  dividends,”  which 
at  first  gave  only  a right  to  cut  the  timber,  but  a part  of  which 
was  afterwards  exchanged  for  rights  to  a full  title)  about  six 
hundred  and  thirty-five  thousand  acres.  To  this  number  must  be 
added  fifty-four  thousand  acres  in  Sussex  County,  run  out  and  al- 
loted  to  the  proprietors.  So  that  it  would  seem,  that  less  than  seven 
hundred  thousand  acres  of  land  remained  open  to  survey  in  East 
Jersey,  after  the  council  was  formed.  The  unlocated  land,  at  pres- 
ent, cannot  be  of  much  value,  and  probably  exists  only  in  small 


484 


APPENDIX. 


parcels ; except,  perhaps,  in  the  territory  so  long  in  dispute  between 
the  two  divisions  of  the  ancient  province.  The  register  appointed  by 
the  council  issued  warrants  of  survey  to  those  exhibiting  a title  to 
unlocated  rights,  and  the  land  being  surveyed  by  the  surveyor- 
general  or  one  of  his  deputies,  the  survey  is  certified  to,  inspected 
by  the  council,  and  ordered  to  be  recorded.  These  records  are  pre- 
served in  the  office  at  Perth  Amboy. 

In  West  Jersey,  the  proprietors,  freeholders,  and  inhabitants 
established  and  signed  certain  concessions  and  agreements  in  1 G7 6, 
regulating  the  government  and  the  mode  of  acquiring  a title  to  the 
land.  “ Head  lands  ” were  to  be  granted  to  settlers,  and  commis- 
sioners were  appointed  to  regulate  the  setting  forth  and  dividing 
them.  Afterwards  commissioners  were  elected  by  the  legislature. 
The  quantity  of  land  appropriated  in  this  way  does  not  appear  to 
have  been  large.  It  was  originally  intended  to  run  out  the  prov- 
ince into  tenths,  fronting  on  the  Delaware ; but  this  was  never  fully, 
carried  out,  counties  having  been  established  as  soon  as  the  conven- 
ience of  the  inhabitants  required.  Burlington  appears  to  have  in- 
cluded two  of  the  original  tenths,  Gloucester  one,  and  Salem  one. 

In  1678  the  proprietors  resolved  to  constitute  a proprietary  council, 
to  consist  of  representatives,  elected  yearly  from  among  themselves, 
at  first  eleven,  afterwards  nine,  five  of  whom  were  to  be  elected  in 
Burlington  and  four  in  Gloucester,  any  five  of  whom  are  a quorum  ; 
and  so  they  continue  to  be  elected.  Salem  tenth  did  not  at  first 
come  into  this  regulation,  Fenwick  being  ambitious  to  act  as  the 
sole  lord  proprietor ; but  it  was  soon  included,  and,  after  his  death, 
a proprietor  residing  therein  was  often  elected  in  Gloucester.  Ac- 
cording to  an  ancient  usage,  the  origin  of  which  is  now  unknown, 
the  proprietor  of  a thirty-second  part  of  a hundredth  has  the  right 
of  voting,  and  being  elected.  The  owner  of  any  specified  number 
of  acres,  having  no  interest  in  the  undivided  remainder,  has  no  right 
to  vote.  Many  of  the  original  proprietors  never  came  into  the  prov- 
ince, and  in  consequence  of  the  failure  of  heirs  claiming  rights, 
only  about  twenty  persons  are  now  known  to  be  proprietors,  some 
of  whom  own  several  hundredths,  while  others  have  only  the  thirty- 
second  of  a hundredth.  They  meet  statedly  at  Burlington  ; but  as 
the  unlocated  property  is  of  but  little  value,  and  the  business,  and 
consequent  fees  and  perquisites,  become  less  and  less  every  year,  it 
is  probable  that  the  time  is  not  very  distant  when  they  will  cease 
to  act,  and  some  new  mode  of  preserving  and  authenticating  their 
valuable  records  will  have  to  be  prescribed  by  law. 


APPENDIX. 


485 


A dividend  of  each  proprietor’s  share  was  first  fixed  at  five  thou- 
sand two  hundred  acres,  but  it  was  soon  enlarged  to  twenty-five 
thousand  acres,  of  which  F enwick  and  his  assignees  were  credited 
with  ten  shares.  Six  additional  dividends  have  been  made,  assigning, 
m all,  thirty-five  thousand  acres  to  each,  the  owner  of  a fractional' 
part  being,  of  course,  entitled  to  his  proportion.  These  dividends 
include  much  more  land  than  is  found  within  the  limits  of  West 
Jersey  ; but  a large  number  have  never  been  claimed,  and  it  is  not 
known  who  are  entitled  to  them.  The  number  of  acres  actually 
located  cannot  be  ascertained.  In  many  cases,  the  same  lands  have 
been  covered  by  different  surveys. 

After  the  right  to  head  lands  ceased  (with  the  exception  perhaps 
of  a few  cases  of  specified  lots  sold  by  some  of  the  proprietors  in 
Lurlmgton  city  and  elsewhere,  which  the  council  has  left  undis- 
turbed), titles  in  West  Jersey  are  derived  from  some  one  of  the 
original  proprietors  of  the  hundredths.  Regular  deeds  of  conveyance 
are  made  (formerly  by  lease  and  release,  in  modern  times  by 
deeds  of  bargain  and  sale)  either  of  a fractional  part,  or  of  a speci- 
fied number  of  acres.  A proprietor,  or  a grantee  under  him,  upon 
presenting  his  title  to  the  council,  obtains  an  order  for  a warrant 
which  is  signed  by  the  clerk  and  recorded,  and  which  authorizes 
the  surveyor-general  or  his  deputy  to  survey  a specified  number  of 
acres,  from  any  of  the  unappropriated  lands.  By  virtue  of  this  war- 
rant, a deputy  surveyor,  who  is  a sworn  officer,  runs  out  a survey 
including  any  number  of  acres,  not  exceeding  the  number  specified, 
as  the  owner  chooses  to  have  it,  wherever  it  is  supposed  other  sur- 
veys do  not  cover  the  ground.  The  deputy  having  returned  his 
survey  reciting  the  warrant  and  the  deductions  of  the  title,  with  a 
map  to  the  surveyor-general,  he  certifies  it  to  the  council,  and  beimr 
by  them  inspected  and  approved,  it  is  ordered  to  be  recorded. 

If  other  persons,  claiming  surveys  before  recorded,  think  their 
boundaries  encroached  upon,  they  are  allowed  to  caveat  against  re- 
cording the  new  survey,  and  the  council  enters  into  an  investigation 
of  the  matter,  agreeably  to  their  prescribed  rules.  Should  they  re- 
fuse to  allow  the  survey,  it  fails.  If  they  order  it  recorded,  the 
question  of  interference  is  still  open  in  the  courts,  who  decide  the 
questions  involved,  upon  such  principles  of  law  as  are  applicable  to 
other  grants  and  conveyances.  Substantially  the  same  mode  of  pro- 
ceeding  is  adopted  in  East  Jersey. 

During  the  early  years  of  the  settlement  of  West  Jersey,  there 
was  much  irregularity  in  the  mode  of  making  surveys.  Fenwick 


486 


APPENDIX. 


brought  over  his  children  and  servants,  with  other  settlers,  to  Salem, 
and  undertook  not  only  to  grant  manors  and  lands,  but  to  establish 
a separate  government.  None  of  his  grants  for  specific  tracts  or 
parcels  of  land  were  recognized  as  valid,  except  the  land  and  marsh 
laid  out  for  Salem  town  (Learn.  & Spi.  461).  Grants  by  him  and 
his  executors,  and  by  his  assignees,  of  undivided  rights,  were  re- 
ceived by  the  council,  to  the  extent  of  his  ten  dividends,  as  a suffi- 
cient foundation  for  warrant  of  survej’’.  Many  of  them  were  not 
presented  to  the  council,  and  were  not  recorded  in  the  office  at  Bur- 
lington ; but  are  found  in  a book  called  “ Revel’s  Surveys,”  now  in 
the  secretary  of  state’s  office  at  Trenton,  and  appear  to  have  been 
made  under  the  direction  of  James  Nevill,  Fenwick’s  secretary,  and 
afterwards  agent  of  William  Penn,  a large  proprietor  in  his  own 
right,  and  as  one  of  Fenwick’s  executors.  Others  are  contained 
in  a book  in  the  secretary’s  office,  called  “ Leed’s  Surveys.” 

A rule  was  adopted  at  an  early  date,  that  surveys  should  not  ex- 
tend to  both  sides  of  a navigable  stream.  The  communication  to 
different  parts  of  the  province  was  most  easily  made  by  water.  Be- 
tween 1687  and  1700,  surveyors  seem  to  have  been  sent,  by  several 
of  the  proprietors,  into  the  southern  part  of  the  State,  and  ran  out 
(as  the  tradition  is,  by  means  of  a mariner’s  compass,  and  often  on 
horseback)  large  surveys  of  from  five  to  twelve  thousand  acres  each, 
on  the  most  accessible  rivers  and  creeks.  They  were  often  not  re- 
corded ; but  in  some  cases,  maps  were  filed.  Most  of  these  tracts 
were  afterwards  regularly  resurveyed  and  recorded  ; but  they  seem 
to  have  been  allowed  to  date  from  the  original  survey.  One  of 
these  surveys  for  five  thousand  acres,  lying  on  the  Coliansey,  called 
by  the  proprietor  “ Winchcomb  Manor,”  after  a manor  of  that  name 
which  he  owned  in  England,  was  carried  to  London,  retained 
there,  and  not  recorded  until  1764,  when  it  was  laid  before  the 
council,  and  they  being  satisfied,  as  the  record  states,  that  it  had 
been  made  agreeably  to  the  custom  prevailing  in  the  Salem  tenth, 
approved  it  and  ordered  it  recorded.  Several  lawsuits,  as  might 
be  expected,  grew  out  of  this  procedure,  before  and  after  the  Revo- 
lution. 

An  allowance  of  five  acres  in  the  hundred  was  made  in  West 
Jersey  for  highways,  and  in  East  Jersey  of  six  ; which  accounts  for 
the  fact  that  lands  were  so  long  taken  in  this  State  for  roads,  with- 
out compensation  to  the  owner.  For  many  years,  the  surveys 
called  for  fixed  monuments,  and  the  measurement  of  the  lines  being 
returned  much  shorter  than  they  were,  great  frauds  were  perpe- 


APPENDIX. 


487 


trated,  by  making  the  surveys  to  include  more  land  than  the  number 
of  acres  specified.  This  led  to  orders,  about  1786,  requiring  the 
surveyors  to  establish  a beginning  corner,  and  then  to  confine  them- 
selves to  strict  course  and  distance.  This  remedied  the  abuse  to 
some  extent,  but  not  entirely ; it  being  found,  in  many  cases,  that 
although  no  fixed  corners  were  specified  in  the  return,  they  were  in 
fact  marked  on  the  ground,  and  being  respected  by  other  surveyors 
and  proprietors,  they  were,  after  a lapse  of  time,  necessarily  recog- 
nized by  the  council  and  the  courts  as  established  monuments,  al- 
though a large  overplus  of  land  became  thus  included  in  the  survey. 

An  act  of  the  legislature,  passed  in  1719,  which  provided  for 
running  the  boundary  line  between  East  and  West  Jersey,  directed, 
that  the  surveyors-general  of  each  division  should  hold  a public 
office  in  Perth  Amboy  and  in  Burlington,  where  all  surveys  should 
be  kept,  and  that  all  surveys  should  be  recorded  within  a pre- 
scribed time  in  those  offices,  or  be  forever  void.  It  is  stated  by  Al- 
linson,  in  a note  to  this  act  (Allin.  Acts,  31)  that,  “ notwithstanding 
the  extensive  import  of  these  words,  it  has  been  held  that  such 
surveys  shall  only  be  void  and  of  none  effect  against  such  persons 
who,  by  reason  of  the  non-record  thereof,  were  ignorant  of  it ; and 
therefore  no  person,  who  knew  of  the  survey,  shall  avail  himself  of 
of  its  not  being  recorded,  such  not  coming  within  the  mischief  or 
remedy  of  the  act.” 

It  must  be  understood,  that  a survey,  duly  recorded,  does  not 
properly  speaking  constitute  the  title  of  the  owner,  but  is  only 
evidence  that  he  has  severed  a certain  number  of  acres  from  the 
common  stock,  his  title  to  which  rests  upon  his  deeds  from  the  pro- 
prietors. 1 Ilalst.  R.  63.  Formerly,  when  it  became  necessary  to 
prove  the  title,  the  regular  chain  of  deeds,  in  some  cases  even  from 
the  king  down  to  the  claimant,  were  produced  in  evidence,  as  the 
only  valid  foundation  for  the  survey.  In  process  of  time,  the  courts 
took  judicial  notice  of  the  original  grants,  as  matters  of  authentic 
history  ; and  since  the  act  of  1787  (Title  Limitation,  3,  Nix.  Dig.) 
the  record  of  a survey,  duly  inspected  and  recorded,  is  received  as 
prima  facie  evidence  of  a good  title.  Until  the  act  of  1838,  sur- 
veys were  proved  by  producing  a witness  who  could  swear  that 
he  had  compared  the  copy  with  the  original  record. 

For  many  years,  the  proprietors  claimed  to  own  the  land  covered 
by  the  water  of  navigable  rivers  and  bays,  and  frequently  made 
grants  or  authorized  surveys,  which  extended  to  low-water  mark, 
and  in  some  cases  further.  It  has,  however,  been  finally  settled 


488 


APPENDIX. 


that  the  rule  of  the  common  law  of  England,  which  limited  the 
title  under  grant  to  the  ordinary  high-water  line,  the  shore  below 
that  line  and  the  soil  under  the  water  belonging  to  the  crown,  or 
the  state,  is  the  law  of  New  Jersey,  and  that  consequently  all  titles 
under  the  proprietors  extend  only  to  the  ordinary  high-water  mark, 
except  in  cases  where  the  owner  of  the  upland  has  reclaimed  the 
land  originally  overflowed,  by  wharves  or  banks,  and  excepting  all 
established  shore  fisheries,  which  are  held  to  be  private  property. 
16  Peters  R.  367.  3 Zab.  624.  1 Dutch.  527.  5 Vroom. 

Owing  to  the  fact  that  deeds  were  not  commonly  recorded  until 
about  the  commencement  of  this  century,  and  some  are  not  now 
recorded,  and  that  old  deeds  and  muniments  of  title  are  seldom 
preserved  for  any  great  length  of  time  in  this  State,  our  statutes  of 
limitation  must  be  regarded  as  a very  important  protection  to  titles. 
Without  their  aid,  it  would  be  difficult,  if  not  impossible,  to  sustain 
many  titles  which  are  now  perfectly  valid.  Before  the  Revolution, 
there  was  no  statute  of  limitations,  barring  a recovery  of  lands,  rec- 
ognized by  the  judges  of  the  province,  who  were  in  the  interest  of 
the  proprietors,  except  the  first  section  of  32  Hen.  VIII.,  which 
required  sixty  years  adverse  possession  to  limit  an  action  of  eject- 
ment by  the  holders  of  a paper  title.  2 Halst.  10.  In  1787,  this 
provision  was  reenacted,  and  an  adverse  possession  of  thirty  years, 
under  a deed  or  survey,  was  made  a bar,  which  provisions  are  still 
in  force. 

The  act  of  1799  went  further.  It  was  then  enacted  (Title  Lim- 
itation, 16,  17,  Nix.  Digest)  that  no  person  shall  enter  into,  or  sue 
for  lands,  but  within  twenty  years  after  his  right  or  title  shall  ac- 
crue, provided  that  the  time  during  which  the  person  who  had  such 
right  or  title  shall  have  been  under  the  age  of  twenty-one,  feme 
covert , or  insane,  shall  not  be  computed  as  part  of  the  said  twenty 
years.  This  act  applies  to  the  general  proprietors  as  well  as  to 
others.  1 Dutch.  1. 

It  has  been  always  understood  that  the  twenty  years  commence 
when  the  possession  of  the  defendant,  or  of  the  person  under  whom 
he  claims,  first  became  adverse,  as  against  the  then  owner,  under 
whom  the  plaintiff  claims.  For  a long  time  after  this  act  was 
passed,  it  was  supposed  that  the  whole  time  during  which  the  plain- 
tiff, or  those  under  whom  he  claimed,  happened  to  be  under  age,  a 
married  woman,  or  insane,  between  the  beginning  of  the  adverse 
possession  and  the  commencement  of  the  suit,  was  to  be  deducted 
from  the  time  that  had  elapsed,  so  that  some  person  of  age,  un- 


APPENDIX. 


489 


married  and  sane,  must  have  existed  and  been  capable  of  entering 
on  the  land,  under  the  plaintiff’s  title,  for  twenty  years  before  the 
action  was  brought,  to  bring  the  case  within  the  protection  of  this 
statute.  4 Wash.  C.  R.  691.  But  it  was  decided  by  our  supreme 
court  in  1836,  that  the  twenty  years  are  to  be  computed  from  the 
time  when  the  plaintiff,  or  those  under  whom  he  claims,  were  first 
of  age,  unmarried,  or  sane,  and  that  any  subsequent  disability  is  not 
to  be  deducted.  Clark  vs.  Richards,  3 Green,  347.  This  decision, 
although  the  soundness  of  it  has  been,  not  without  reason,  much 
questioned,  has  now  remained  the  rule  of  property  more  than  twenty 
years,  and  was  afterwards  held  to  be  not  only  of  binding  authority,  but 
originally  correct,  by  the  circuit  court  of  the  United  States.  Rob- 
erts vs.  Moore,  9 Amer.  L.  Reg.  25.*  It  may  therefore  probably  be 
considered  as  the  established  law  of  the  State,  and  in  many  cases 
the  best  security  of  titles  originally  good,  the  evidences  of  which 
have  been  lost.  Public  policy  certainly  requires  that  claims  to  land 
should  be  prosecuted  within  a reasonable  time ; it  being  better  that 
a title  once  good  should  be  defeated  by  a delay  of  twenty  years  to 
prosecute  it,  than  that  titles  should  be  rendered  insecure  by  render- 
ing them  liable  to  dispute  between  rival  claimants  for  an  unreason- 
able length  of  time.  By  the  law,  as  it  now  stands,  possession,  as 
the  owner  for  twenty  years,  confers  a good  title,  except  as  against 
a person  who,  when  the  possession  commenced,  was  an  infant,  a 
married  woman,  or  insane,  and  when  twenty  years  have  not  elapsed 
since  such  person  was  of  age,  unmarried,  or  sane. 


* See  infra,  p.  369. 


/ 


INDEX. 


A. 

Abolition  Society,  123,  294. 
Adams,  John  Quincy,  218,  243  331. 
Admiralty,  courts  of;  43. 

Alexander,  James,  57. 

Alexander,  Wilfiam  C.,  letter  of,  192. 
Alexander,  Rev.  I)r.  James  W.,  203 
205,  227,  233,  332.  ’ 

Amboy,  Perth,  seat  of  government,  51. 
Andre,  Major,  142,  160. 

Anecdote  of  Abraham  Clark,  46. 

Governor  Paterson,  95. 
Chief  Justice  Marshall 
292. 

Samuel  Leake,  404. 
President  Taylor,  436. 

L.  H.  Stockton,  416. 
Armstrong,  Amzi,  257. 

Army  of  Revolution,  mutiny  in,  161. 
Arnold  vs.  Mundy,  case  of;  308. 
Assembly  of  the  Province,  5-7. 
Assignment  law,  drawn  by  Mr.’ Griffith, 

Attorney-general,  173,  469. 

Aylmer,  name  changed  to  Elmer,  341. 


B. 

Barclay,  Robert,  first  governor  2. 

Bayard,  Colonel  John,  307. 

Bigelow,  Mr.,  speech  of,  396. 

Bloomfield,  Joseph,  Governor,  life  and 
character,  H4. 

Boudinot,  Elisha,  Judge,  life  and  char- 
acter, 279,  294. 

Boyd,  Martha,  326. 

Brandywine,  battle  of,  how  lost,  140. 

Brearly,  David,  Judge,  life  and  char- 
acter, 274. 

B343Ct°n’  aIaim  at  in  War  of  1812, 

Bright,  General,  trial  of,  286. 

Broad  seal  war,  account  of,  187,  242, 
257. 

Brown,  George  H.,  Judge,  life  and 
character,  401. 


Brougham,  Lord,  423. 

Buchanan,  James,  131. 

Burlington,  seat  of  government,  52. 
Burnet,  Dr.  William,  237,  362. 
Butler,  Benjamin  E.,  199. 


C. 

Caldwell,  Rev.  James,  murder  of,  272 
Camden  ferry,  charge  of  manslaughter 
against  directors  of,  357. 

Chancery,  courts  of,  10,  176. 
Chetwood,  John,  Judge,  life  and  char- 
acter, 279. 

ehetwood,  William,  life  and  character, 
458.  , * 

Chetwood,  John  J.,  life  and  character, 
461 . ’ 

Cincinnati  Society,  144,  474. 

Circuit  courts,  alterations,  314,376- 
judges  required  to  alternate,  312. 
Clark,  Abraham,  45,  46. 

Clerks  of  courts,  appointment  of,  14 
Clergy,  benefit  of,  14. 

Clinton,  De  Witt,  151,  223. 

Collins,  printer  of  “ Gazette,”  68. 
Committee  of  Safety,  66. 

Congress,  Continental,  22,  80  97  299 
Congress  of  Province  of  New  Jersey 
22,  27. 

Constitution  of  New  Jersey,  before  the 
Revolution,  1-20 ; as  adopted  in  1 776 
21-49;  of  1844,  370. 

Constitution  of  United  States,  37  • part 
taken  by  Gov.  Paterson  in  framing, 
83  ; how  ratified  by  New  Jersey,  86  • 
amendments  of,  199. 

Corfield  vs.  Coryell,  case  of,  288 
Corn  bury,  Lord,  ordinance  of,  8. 
Cornelius  vs.  Giberson,  case  of,  357. 
Council  of  New  Jersey,  4. 

Courts,  how  first  instituted,  7 8 11- 
during  Revolution,  79. 

Coxe  Richard  S.,  215;  first  reporter, 
278,  300. 

Crane,  Joseph,  419. 


492 


INDEX. 


D.  F. 


Davis,  Jefferson,  113. 

Dayton,  William  L.,  Judge,  life  and 
character,  372. 

Dayton,  Aaron  O.,  life  and  character, 
148,  462. 

De  Hart,  John,  265,  272. 

Democratic  party,  originally  called 
Republican,  124,407  ; principles  pro- 
fessed, 132.  428;  changes  of,  189. 

Dickerson,  Mahlon,  Governor,  life  and 
character,  168,  210,  221. 

Dickerson,  Philemon,  Governor,  life 
and  character,  254. 

Dickinson,  Philemon,  69. 

Dod,  Daniel,  154. 

Dodd,  Amzi,  397. 

Donnelly,  trial  of,  for  murder,  387. 

Draft  law,  opposition  to,  196. 

Drake,  George  K.,  Judge,  life  and 
character,  31 7,  321;  opinion  of,  in 
Quaker  case,  336. 

Duane,  William,  169. 

Dudley,  Thomas  H.,  letter  of,  395. 

Duponceau,  Mr.  411. 


E. 

Eakin,  Alphonso  L.,  468. 

Ecclesiastical  disputes,  effect  of,  58. 

Eldon,  Lord,  174. 

Election  laws,  5,  6,  47,  245. 

Elmer,  Daniel,  Judge,  life  and  charac- 
ter, 340. 

Elmer,  Ebenezer,  105,  119,  120,  132. 

Elmer,  Lucius  Q.  C.,  early  politics, 
407  ; visits  Gov.  Bloomfield,  in  1804, 
114;  studies  law,  342;  licensed  as 
attorney  in  1815,  158;  as  counselor, 
1818,  301  ; elected  member  of  the 
assembly,  1820,  162,  211  ; speaker  in 
1823,  310;  district  attorney,  1824, 
237 ; befriended  by  Stockton  and 
Frelinghuysen,  409,  442  ; opposed  to 
election  of  Jackson,  444  ; member  of 
Congress,  1845,  380  ; attorney-gen- 
eral, 1850,  436  ; judge  in  1852,  355, 
397  ; voted  against  Lincoln  but  sup- 
ported the  war,  261. 

Elmer,  Jonathan,  87,  416. 

Emmet,  Thomas  Addis,  154,  432.  . 

Errors,  court  of,  398. 

Ewing,  Charles,  Judge,  life  and  char- 
acter, 326,  448. 

Ewing,  James,  327. 

Ewing,  Thomas,  326. 

Ewing,  William  B.,  171. 


Federalists,  old,  124,  128,  129,  157, 
185,  407. 

Fenwick,  John,  484. 

Fillmore,  Millard,  384. 

Finley,  Rev  Robert,  202. 

Fish,  Hamilton,  147,  478. 

Flint,  Dr.,  name  given  to  Governor  Liv- 
ingston, 65. 

Ford,  Gabriel  H.,  Judge,  life  and  char- 
acter, 313. 

Franklin,  William,  Governor,  life  and 
character,  50. 

Franklin,  Dr.  Benjamin,  51. 

Franklin,  William  Temple,  55. 

Frelinghuysen,  Theodore,  life  and 
character,  440. 

G. 

Genealogical  researches,  benefit  of,  472. 

Gibbons,  Thomas,  155,  303. 

Gibbons,  William,  351. 

Gifford  vs.  Thorn,  case  of,  245,  418. 

Giles,  James,  404. 

Goodrich,  account  of  parties,  128. 

Government  House  in  Trenton,  111. 

Green,  Henry  W.,  246,  367,  400. 

Greville,  Fulke,  442. 

Griffith,  William,  Judge,  life  and  char- 
acter, 293. 

H. 

Habeas  corpus,  writ  of,  194. 

Hagley,  plantation  of  Colonel  Talia- 
ferro, 204. 

Haines,  Daniel,  Governor,  life  and 
character,  256. 

Hamilton,  Alexander,  71,  126,  153, 
157. 

Hamilton,  James  A.,  reminiscences, 
213. 

Hampton,  James  G.,  406. 

Harrison,  Josiah,  life  and  character, 
466. 

Harrison,  William  H.,  219,  474. 

Harrow,  Rebecca,  207. 

Holcombe,  Dr.  George,  216,  222. 

Honorary  degrees,  182,  414. 

Hopkinson,  Joseph,  91,  284. 

Hornblower,  Joseph  C.,  Judge,  life  and 
character,  361. 

Howell,  Richard,  Governor,  life  and 
character,  102. 

I. 

Independence,  declaration  of,  30,  61, 
119;  states  never  absolute,  35. 


INDEX. 


493 


Indians,  land  all  bought  .of,  481. 
Ingersoll,  Charles  J.,  412. 

Inskeep,  Maria,  407. 

Institutio  legaiis  at  Newark,  294,  313. 
Instruction  of  senators,  379. 


J. 

Jackson,  Andrew,  225. 

Jackson  party,  172,  180,  427. 

Jauncy,  William,  will  of,  246. 

Jeffers,  William  N.,  186,  464. 

Jefferson,  Thomas,  125. 

Jersey  Blue,  song  of,  111. 

Johnson,  Andrew,  199. 

Judges,  wore  robes,  15;  appointment, 
of,  17,  33  ; opinions  of,  363. 

Jurors,  challenge  of,  law  settled,  366. 


Iv. 

Kean,  John,  59. 

King,  William  R.,  233. 

Kinney,  Colonel  John,  372. 

Kinsey,  James,  Judge,  life  and  char- 
acter, 275. 

Kinsey,  Charles,  310. 

Kirkpatrick,  Andrew,  Judge,  compli- 
ment to  VToom,  185;  life  and  char- 
acter, 301. 

L. 

Lafayette,  Marquis  de,  143. 

Land,  titles  of,  481. 

Laws  not  printed,  3 ; style  of,  4 ; when 
void,  35. 

Lawyers,  wore  gowns,  15 ; duties  of, 
448. 

Leake,  Samuel,  133,  327,  403. 

Learning  and  Spicer,  Grants  and  Con- 
cessions, 1. 

Limitation,  statutes  of,  368,  488. 

Lincoln,  Abraham,  388. 

Livingston,  William,  Governor,  life 
and  character,  56. 

Livingston,  Brockholst,  75,  139. 

Livingston  and  Fulton,  steamboats, 
154,  207. 

Lyon,  Matthew,  trial  of,  98. 


M. 

Maceulloch,  Francis  L.,  468. 
Madison,  James,  135,  153. 
Marriage  in  court,  315. 
Martial  law,  194. 

Maxwell,  Colonel,  105,  106. 


McClellan,  General,  198. 

McCosh,  Rev.  Dr.,  476. 

McWhorter,  Rev.  Dr.,  75. 

Mendham,  Mr.  Southard  teaches  at, 
204,  320. 

M’Kean,  governor  of  Pennsylvania, 
170. 

Miller,  William  W.,  life  and  character, 
431. 

Miller,  Jacob  W.,  life  and  character, 
434. 

Morgan,  Maurice,  said  to  have  been  a 
cook,  20. 

Morris,  Robert,  Judge,  life  and  char- 
acter, 266. 

Moustier,  Count  de,  French  Minister, 
46. 

. N. 

Napoleon  III.,  opinion  of  Dayton,  392. 

National  Republican  party,  1§1. 

Naturalized  citizens,  rights  of,  190. 

Nevius,  James  S.,  Judge,  life  and  char- 
acter, 347. 

New  Jersey,  fortunate  in  her  early  gov- 
ernors, 75 ; politics  of,  always  doubt- 
ful, 240. 

New  York,  controversy  with,  152,  409. 

Niemsiwitz,  Mrs.,  59. 

Nixon,  John  T.,  388. 


O. 

O’Connor,  Charles,  247,  419. 

Officers,  how  appointed,  7,  19,  33,  35. 

Officers  of  Revolutionary  army,  106. 

Ogden,  Aaron  Governor,  life  and  char- 
acter, 137. 

Ogden,  Elias  D.  B.,  Judge,  life  and 
character,  351. 

Ogden  vs.  Gibbons,  case  of,  301. 

Olden,  Governor  Charles,  192 

Olmstead  case  in  Pennsylvania,  286. 

Opposition  party,  importance  of,  195. 

Orphans’  courts,  12,  242. 

Oyer  and  terminer,  courts  of,  13,  44, 
270. 

P. 

Parker,  James,  152. 

Parker,  Cortlandt,  250. 

Parkhurts,  Jacob,  against  Colonel  Og- 
den, 150. 

Patents  for  land  in  East  Jersey,  483. 

Paterson,  William,  Governor,  life  and 
character,  77. 

Peace  party  in  1812, 151 ; in  1861, 191, 
193. 


494 


INDEX. 


Penn,  William,  2. 

Pennington,  Ephraim,  158. 

Pennington,  William  S.,  Governor, 
life  and  character,  133,  158. 

Pennington,  Samuel,  162. 

Pennington,  William,  Governor,  life 
and  character,  237. 

Petigru,  James  L.,  408. 

Petit,  Charles,  19,  269. 

Philosophical  Solitude,  poem,  58 

Portraits  in  room  of  supreme  court, 
182. 

Postmaster-general  vs.  Reeder,  case  of, 
167. 

Potts,  Stacy  G.,  Judge,  life  and  char- 
acter, 353. 

Practice  act,  of  Clark,  45 ; of  Pater- 
son, 92. 

Prerogative  court,  11,  241. 


Q. 

Quaker  case,  235,  334. 


It. 

Rahl,  Colonel,  266. 

Religious  disputes,  effect  of,  58. 
Republican  party,  124,  132. 

Revision  of  the  statutes,  88-94. 
Rittenhouse,  David,  286. 

“ Rivington’s  Gazette/’  68. 

Rossell,  William,  Judge,  life  and  char- 
acter, 46,  31 1. 

Rutherfurd,  John,  life  and  character, 
456. 

Ryerson,  Thomas  C.,  Judge,  life  and 
character,  319. 

Ryerson,  Martin,  324,  399. 


S. 

Savigny,  Professor,  remark  of,  330. 
Saxton,  Nathaniel,  183.  . 

Scott,  Joseph  W.,  life  and  character, 
474. 

Scott,  Dr.  Moses,  47. 

Scudder,  Smith,  183. 

Secession  of  states,  38,  191-194. 

Seeley,  Elias  P.,  Governor,  life  and 
character,  233. 

Sergeant  at  law,  16,  254. 

Serjeant,  John,  169. 

Seward,  William  H.,  390. 

Sheriffs,  15,  18. 

Skinner,  Cortlandt,  115,  117. 

Skinner,  Stephen,  60,  276. 


Smith,  Isaac,  Judge,  life  and  charac- 
ter, 271. 

Smith,  Samuel  Stanhope,  203. 

Southard,  Samuel  L.,  Governor,  life 
and  character,  154,  171,  201,  415. 

Spies,  employed  by  Washington,  108. 

State  sovereignty,  36-43. 

Statutes,  English,  repealed  and  sup- 
plied bv  Governor  Paterson,  83-98. 

Stevens,  Thaddeus,  199. 

Stockton,  Richard,  life  and  character, 
302,  409. 

Stockton,  Lucius  II.,  98,  208,  415. 

Strawberry  tea,  60. 

Supreme  court,  13,  96,  282. 

Surrogates,  11. 

• Surveys  of  land,  485. 

Symmes,  John  Cloves,  Judge,  life  and 
character,  266,  271. 


T. 

Taliaferro,  Colonel  John,  204,  306. 
Taliaferro,  James  Monroe,  205. 

Tea,  burning  of,  at  Greenwich,  102. 
Tender  acts,  disapproved  by  Livings- 
ton, 71. 

Thompson,  Richard  P.,  attorney-gen- 
eral, 469. 

Thompson,  Smith,  216. 

Tilghman,  William,  170. 

Titles  to  land,  481. 

Townships,  how  established,  19. 
Trenton,  lawyers  at,  182. 

Tucker,  Samuel,  Judge,  265. 


V. 

Van  Arsdale,  Elias,  177. 

Veto  of  governor,  41. 

Virginia,  manners  of  people,  205. 
Voters,  5,  47. 

Vroom,  Peter  D.,  Governor,  life  and 
character,  180,  184,  373. 


W. 

Wall,  Garret  D.,  life  and  character, 
419. 

War  of  1812,  135. 

Washington,  General,  71,  106,  160, 
475. 

Washington,  Buslirod,  Judge,  life  and 
character,  281. 

Webster,  Daniel,  217. 

West  Jersey,  2,  5;  titles  to  land  in, 
484. 


INDEX. 


495 


Whelpley,  Edward  W.,  Judge,  life  and 
character,  396. 

Whig  party,  247. 

Whitehead,  Ira  C.,  Judge,  life  and 
character,  349. 

Whitehead,  Asa,  472. 

White,  John  Moore,  Judge,  life  and 
character,  337. 

Williamson,  Isaac  H.,  Governor,  life 
and  character,  1 73. 


Williamson,  Matthias,  173. 

Wilson,  James,  281. 

Wilson,  James  J.,  211. 

Wirt,  William,  206. 

Witherspoon,  Rev.  Dr.,  305,  477. 
Wood,  George,  177,  247,  290,  417. 
Woodbury,  Levi,  378. 

Woodruff,  A.  t).,  Attorney-general, 
121. 


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L i I 


